Tenn. Code Ann. § 37-5-502 — TN Code / Title 37 / Chapter 5 / Section 37-5-502
Basis for licensing - Regulations - License application - Temporary license - Non-transferability of license - Transfer of operation to circumvent licensing laws or regulations - Fees
Status: in_force

(a) (1) Any person or entity operating a child abuse agency, child caring institution, child placing agency, detention center, family boarding home or foster home, group care home, maternity home, or temporary holding resource, as defined in § 37-5-501 , must be licensed by the department as provided by this part. This section does not apply to a nontraditional child care agency. An applicant for a nontraditional child care agency shall comply with § 37-5-520 . (2) (A) The department has the authority to issue regulations pursuant to the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 2, for the licensing of any persons or entities subject to any provisions of this part and the enforcement of appropriate standards for the health, safety and welfare of children under the care or supervision of those entities. (B) To the extent they are not inconsistent with the statutory provisions of this part, the regulations of the department that are in effect on July 1, 2000, shall remain in force and effect until modified by regulatory action of the department. (3) The department's regulations of child care agencies shall be developed, and the continued approval of the licensing of a child care agency, shall be based upon the following criteria: (A) The safety, welfare and best interests of the children in the care of the agency; (B) The capability, training and character of the persons providing or supervising the care to the children; (C) The quality of the methods of care and instruction provided for the children; (D) The suitability of the facilities provided for the care of the children; (E) The adequacy of the methods of administration and the management of the child care agency, the agency's personnel policies, and the financing of the agency; and (F) The present need for the child care agency. (b) (1) The department shall provide reasonable assistance to applicants or licensees in meeting the child care standards of the department, unless the circumstances demonstrate that further assistance is not compatible with the continued safety, health or welfare of the children in the agency's care, and that regulatory action affecting the agency's license is warranted. All costs and expenses arising from or related to meeting the child care standards of the department shall be borne entirely by the applicant or licensee. (2) If a licensee is denied the renewal of a license, or if a license is revoked, or if any applicant for a license cannot meet the standards, then the department shall assist in planning for the placement of such children in licensed child care agencies, or other suitable care, return them to their own homes or make any other plans as seem necessary and advisable to meet the particular needs of the children involved. (c) Application for a license to operate a child care agency shall be made in writing to the department in such manner as the department determines and shall be accompanied by the appropriate fee set forth in the fee schedule in subsection (f). (d) (1) (A) If the department determines that the applicant for a license that is not the renewal of an existing license, has presented satisfactory evidence that the facility that is proposed for the care of children has received fire safety and environmental safety approval, that the applicant and the personnel who will care for the children are capable in all substantial respects to care for the children and that the applicant has the ability and intent to comply with the licensing law and regulations, the department shall issue a temporary license to the applicant; provided, that no temporary license shall be issued for child care agencies that federal law or regulations do not permit the department to license until all necessary licensing requirements are met. (B) If the department determines that the conditions of the applicant's facility, its methods of care or other circumstances warrant, it may issue a restricted license that limits the agency's authority in one (1) or more areas of operation. (2) The purpose of the temporary license is to permit the license applicant to demonstrate to the department that it has complied with all licensing laws and regulations applicable to its classification prior to the issuance of an initial annual license. (3) Within ninety (90) days of the issuance of the temporary license, the department shall determine if the applicant has complied with all regulations governing the classification of child care agency for which the application was made. (4) (A) If the department determines that the applicant has complied with all licensing regulations for the classification of child care agency for which application was made, the department shall issue an annual license. (B) If the department determines that the conditions of the applicant's facility, its methods of care or other circumstances warrant, it may issue a restricted license that limits the agency's authority in one (1) or more areas of operation. (5) In granting any license, the department may limit the total number of children who may be enrolled in the agency regardless of whether the agency may have the physical capacity to care for more children. (6) The licensee shall post the license in a clearly visible location as determined by the department so that persons visiting the agency can readily view the license. (7) If the department fails to issue or deny an annual license within ninety (90) days of the granting of the temporary license, the temporary license shall remain in effect, unless suspended, as provided in § 37-5-514 until such determination is made. If an annual license is denied following the issuance of a temporary license, and if a timely appeal is made of the denial of the annual license, the temporary license shall remain in effect, unless suspended, until the board of review renders a decision regarding the denial of the annual license. (8) If a temporary or annual license is denied, or an annual license is restricted, the applicant may appeal the denial or restriction as provided in § 37-5-514 . (e) (1) Except as provided herein, no license for a child care agency shall be transferable, and the transfer by sale or lease, or in any other manner, of the operation of the agency to any other person or entity shall void the existing license immediately and any pending appeal involving the status of the license, and the agency shall be required to close immediately. If the transferee has made application for, and is granted, a temporary license, the agency may continue operation under the direction of the new licensee. The new licensee in such circumstances may not be the transferor or any person or entity acting on behalf of the transferor. (2) If the department determines that any person or entity has transferred nominal control of an agency to any persons or entities who are determined by the department to be acting on behalf of the purported transferor in order to circumvent a history of violations of the licensing law or regulations or to otherwise attempt to circumvent the licensing law or regulations or any prior licensing actions instituted by the department, the department may deny the issuance of any license to the applicant. The denial of the license may be appealed as provided in § 37-5-514 . (3) (A) The license of any agency shall not be voided nor shall any pending appeal be voided pursuant to this subsection (e) solely for the reason that the agency is subject to judicial orders directing the transfer of control or management of a child care agency or its license to any receiver, trustee, administrator or executor of an estate, or any similarly situated person or entity. (B) If the current licensee dies, and provided that no licensing violations require the suspension, denial or revocation of the agency's license, the department may grant family members of the licensee, or administrators or executors of the licensee, a temporary license to continue operation for a period of ninety (90) days. At the end of such period, the department shall determine whether an annual or extended license should be granted to a new licensee as otherwise provided in this section. (C) Nothing in this subsection (e) shall be construed to prevent the department from taking any regulatory or judicial action as may be required pursuant to the licensing laws and regulations that may be necessary to protect the children in the care of such agency. (f) The following fees shall apply to applications for licenses for child care agencies licensed pursuant to this part: (1) Family boarding home or foster care home .................... $25.00 (2) Group care home .................... 25.00 (3) Any child caring institution or child placing agency .................... 25.00 (4) Maternity home .................... 25.00 (5) Child abuse agency .................... 25.00 (6) Detention center .................... 25.00 (7) Temporary holding resources .................... 25.00 (g) All licensure application and renewal fees collected by the department pursuant to this part shall be paid into the general fund, but shall be earmarked for and dedicated to the department. Such earmarked fees shall be used by the department exclusively to improve child care quality in this state by funding activities that include, but are not limited to, child care provider training activities, but excluding any costs associated with conducting criminal background checks. (h) A license issued to a child placing agency by the department shall include all boarding homes, group care homes or foster homes approved, supervised and used by the licensed agency as a part of its work. (i) (1) Notwithstanding title 13, chapter 7 to the contrary, upon adoption of a resolution by two-thirds (2/3) vote of the county legislative body, a zoning authority, in determining the suitability of a request for a use of property for the establishment or alteration of a child care agency, may consider the criminal background of the persons or person making the request or the criminal background of the persons or person who will manage or operate the child care agency. The authority may require the person to submit a fingerprint sample and a criminal history disclosure form. A criminal history records check conducted under this subdivision (i)(1) must be conducted by the Tennessee bureau of investigation or the federal bureau of investigation, or both, and the results of the check must be forwarded to the authority. (2) The authority shall maintain the confidentiality of all criminal history records information received pursuant to this subsection (i). (3) The zoning authority is responsible for all costs associated with obtaining the criminal background information. (j) On or after July 1, 2022, an applicant seeking a license, including renewal of an existing license, for a child care agency that provides residential child care shall disclose all contracts and agreements, including contract or agreement amendments, with third parties through which the applicant intends to provide placement, housing, or care services for children in this state. Amended by 2022 Tenn. Acts, ch. 1126, Secs.s 2, s 9 eff. 7/1/2022. Acts 2000, ch. 981, § 20.
(a) (1) Any person or entity operating a child abuse agency, child caring institution, child placing agency, detention center, family boarding home or foster home, group care home, maternity home, or temporary holding resource, as defined in § 37-5-501 , must be licensed by the department as provided by this part. This section does not apply to a nontraditional child care agency. An applicant for a nontraditional child care agency shall comply with § 37-5-520 . (2) (A) The department has the authority to issue regulations pursuant to the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 2, for the licensing of any persons or entities subject to any provisions of this part and the enforcement of appropriate standards for the health, safety and welfare of children under the care or supervision of those entities. (B) To the extent they are not inconsistent with the statutory provisions of this part, the regulations of the department that are in effect on July 1, 2000, shall remain in force and effect until modified by regulatory action of the department. (3) The department's regulations of child care agencies shall be developed, and the continued approval of the licensing of a child care agency, shall be based upon the following criteria: (A) The safety, welfare and best interests of the children in the care of the agency; (B) The capability, training and character of the persons providing or supervising the care to the children; (C) The quality of the methods of care and instruction provided for the children; (D) The suitability of the facilities provided for the care of the children; (E) The adequacy of the methods of administration and the management of the child care agency, the agency's personnel policies, and the financing of the agency; and (F) The present need for the child care agency.
(1) Any person or entity operating a child abuse agency, child caring institution, child placing agency, detention center, family boarding home or foster home, group care home, maternity home, or temporary holding resource, as defined in § 37-5-501 , must be licensed by the department as provided by this part. This section does not apply to a nontraditional child care agency. An applicant for a nontraditional child care agency shall comply with § 37-5-520 .
(2) (A) The department has the authority to issue regulations pursuant to the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 2, for the licensing of any persons or entities subject to any provisions of this part and the enforcement of appropriate standards for the health, safety and welfare of children under the care or supervision of those entities. (B) To the extent they are not inconsistent with the statutory provisions of this part, the regulations of the department that are in effect on July 1, 2000, shall remain in force and effect until modified by regulatory action of the department.
(A) The department has the authority to issue regulations pursuant to the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 2, for the licensing of any persons or entities subject to any provisions of this part and the enforcement of appropriate standards for the health, safety and welfare of children under the care or supervision of those entities.
(B) To the extent they are not inconsistent with the statutory provisions of this part, the regulations of the department that are in effect on July 1, 2000, shall remain in force and effect until modified by regulatory action of the department.
(3) The department's regulations of child care agencies shall be developed, and the continued approval of the licensing of a child care agency, shall be based upon the following criteria: (A) The safety, welfare and best interests of the children in the care of the agency; (B) The capability, training and character of the persons providing or supervising the care to the children; (C) The quality of the methods of care and instruction provided for the children; (D) The suitability of the facilities provided for the care of the children; (E) The adequacy of the methods of administration and the management of the child care agency, the agency's personnel policies, and the financing of the agency; and (F) The present need for the child care agency.
(A) The safety, welfare and best interests of the children in the care of the agency;
(B) The capability, training and character of the persons providing or supervising the care to the children;
(C) The quality of the methods of care and instruction provided for the children;
(D) The suitability of the facilities provided for the care of the children;
(E) The adequacy of the methods of administration and the management of the child care agency, the agency's personnel policies, and the financing of the agency; and
(F) The present need for the child care agency.
(b) (1) The department shall provide reasonable assistance to applicants or licensees in meeting the child care standards of the department, unless the circumstances demonstrate that further assistance is not compatible with the continued safety, health or welfare of the children in the agency's care, and that regulatory action affecting the agency's license is warranted. All costs and expenses arising from or related to meeting the child care standards of the department shall be borne entirely by the applicant or licensee. (2) If a licensee is denied the renewal of a license, or if a license is revoked, or if any applicant for a license cannot meet the standards, then the department shall assist in planning for the placement of such children in licensed child care agencies, or other suitable care, return them to their own homes or make any other plans as seem necessary and advisable to meet the particular needs of the children involved.
(1) The department shall provide reasonable assistance to applicants or licensees in meeting the child care standards of the department, unless the circumstances demonstrate that further assistance is not compatible with the continued safety, health or welfare of the children in the agency's care, and that regulatory action affecting the agency's license is warranted. All costs and expenses arising from or related to meeting the child care standards of the department shall be borne entirely by the applicant or licensee.
(2) If a licensee is denied the renewal of a license, or if a license is revoked, or if any applicant for a license cannot meet the standards, then the department shall assist in planning for the placement of such children in licensed child care agencies, or other suitable care, return them to their own homes or make any other plans as seem necessary and advisable to meet the particular needs of the children involved.
(c) Application for a license to operate a child care agency shall be made in writing to the department in such manner as the department determines and shall be accompanied by the appropriate fee set forth in the fee schedule in subsection (f).
(d) (1) (A) If the department determines that the applicant for a license that is not the renewal of an existing license, has presented satisfactory evidence that the facility that is proposed for the care of children has received fire safety and environmental safety approval, that the applicant and the personnel who will care for the children are capable in all substantial respects to care for the children and that the applicant has the ability and intent to comply with the licensing law and regulations, the department shall issue a temporary license to the applicant; provided, that no temporary license shall be issued for child care agencies that federal law or regulations do not permit the department to license until all necessary licensing requirements are met. (B) If the department determines that the conditions of the applicant's facility, its methods of care or other circumstances warrant, it may issue a restricted license that limits the agency's authority in one (1) or more areas of operation. (2) The purpose of the temporary license is to permit the license applicant to demonstrate to the department that it has complied with all licensing laws and regulations applicable to its classification prior to the issuance of an initial annual license. (3) Within ninety (90) days of the issuance of the temporary license, the department shall determine if the applicant has complied with all regulations governing the classification of child care agency for which the application was made. (4) (A) If the department determines that the applicant has complied with all licensing regulations for the classification of child care agency for which application was made, the department shall issue an annual license. (B) If the department determines that the conditions of the applicant's facility, its methods of care or other circumstances warrant, it may issue a restricted license that limits the agency's authority in one (1) or more areas of operation. (5) In granting any license, the department may limit the total number of children who may be enrolled in the agency regardless of whether the agency may have the physical capacity to care for more children. (6) The licensee shall post the license in a clearly visible location as determined by the department so that persons visiting the agency can readily view the license. (7) If the department fails to issue or deny an annual license within ninety (90) days of the granting of the temporary license, the temporary license shall remain in effect, unless suspended, as provided in § 37-5-514 until such determination is made. If an annual license is denied following the issuance of a temporary license, and if a timely appeal is made of the denial of the annual license, the temporary license shall remain in effect, unless suspended, until the board of review renders a decision regarding the denial of the annual license. (8) If a temporary or annual license is denied, or an annual license is restricted, the applicant may appeal the denial or restriction as provided in § 37-5-514 .
(1) (A) If the department determines that the applicant for a license that is not the renewal of an existing license, has presented satisfactory evidence that the facility that is proposed for the care of children has received fire safety and environmental safety approval, that the applicant and the personnel who will care for the children are capable in all substantial respects to care for the children and that the applicant has the ability and intent to comply with the licensing law and regulations, the department shall issue a temporary license to the applicant; provided, that no temporary license shall be issued for child care agencies that federal law or regulations do not permit the department to license until all necessary licensing requirements are met. (B) If the department determines that the conditions of the applicant's facility, its methods of care or other circumstances warrant, it may issue a restricted license that limits the agency's authority in one (1) or more areas of operation.
(A) If the department determines that the applicant for a license that is not the renewal of an existing license, has presented satisfactory evidence that the facility that is proposed for the care of children has received fire safety and environmental safety approval, that the applicant and the personnel who will care for the children are capable in all substantial respects to care for the children and that the applicant has the ability and intent to comply with the licensing law and regulations, the department shall issue a temporary license to the applicant; provided, that no temporary license shall be issued for child care agencies that federal law or regulations do not permit the department to license until all necessary licensing requirements are met.
(B) If the department determines that the conditions of the applicant's facility, its methods of care or other circumstances warrant, it may issue a restricted license that limits the agency's authority in one (1) or more areas of operation.
(2) The purpose of the temporary license is to permit the license applicant to demonstrate to the department that it has complied with all licensing laws and regulations applicable to its classification prior to the issuance of an initial annual license.
(3) Within ninety (90) days of the issuance of the temporary license, the department shall determine if the applicant has complied with all regulations governing the classification of child care agency for which the application was made.
(4) (A) If the department determines that the applicant has complied with all licensing regulations for the classification of child care agency for which application was made, the department shall issue an annual license. (B) If the department determines that the conditions of the applicant's facility, its methods of care or other circumstances warrant, it may issue a restricted license that limits the agency's authority in one (1) or more areas of operation.
(A) If the department determines that the applicant has complied with all licensing regulations for the classification of child care agency for which application was made, the department shall issue an annual license.
(B) If the department determines that the conditions of the applicant's facility, its methods of care or other circumstances warrant, it may issue a restricted license that limits the agency's authority in one (1) or more areas of operation.
(5) In granting any license, the department may limit the total number of children who may be enrolled in the agency regardless of whether the agency may have the physical capacity to care for more children.
(6) The licensee shall post the license in a clearly visible location as determined by the department so that persons visiting the agency can readily view the license.
(7) If the department fails to issue or deny an annual license within ninety (90) days of the granting of the temporary license, the temporary license shall remain in effect, unless suspended, as provided in § 37-5-514 until such determination is made. If an annual license is denied following the issuance of a temporary license, and if a timely appeal is made of the denial of the annual license, the temporary license shall remain in effect, unless suspended, until the board of review renders a decision regarding the denial of the annual license.
(8) If a temporary or annual license is denied, or an annual license is restricted, the applicant may appeal the denial or restriction as provided in § 37-5-514 .
(e) (1) Except as provided herein, no license for a child care agency shall be transferable, and the transfer by sale or lease, or in any other manner, of the operation of the agency to any other person or entity shall void the existing license immediately and any pending appeal involving the status of the license, and the agency shall be required to close immediately. If the transferee has made application for, and is granted, a temporary license, the agency may continue operation under the direction of the new licensee. The new licensee in such circumstances may not be the transferor or any person or entity acting on behalf of the transferor. (2) If the department determines that any person or entity has transferred nominal control of an agency to any persons or entities who are determined by the department to be acting on behalf of the purported transferor in order to circumvent a history of violations of the licensing law or regulations or to otherwise attempt to circumvent the licensing law or regulations or any prior licensing actions instituted by the department, the department may deny the issuance of any license to the applicant. The denial of the license may be appealed as provided in § 37-5-514 . (3) (A) The license of any agency shall not be voided nor shall any pending appeal be voided pursuant to this subsection (e) solely for the reason that the agency is subject to judicial orders directing the transfer of control or management of a child care agency or its license to any receiver, trustee, administrator or executor of an estate, or any similarly situated person or entity. (B) If the current licensee dies, and provided that no licensing violations require the suspension, denial or revocation of the agency's license, the department may grant family members of the licensee, or administrators or executors of the licensee, a temporary license to continue operation for a period of ninety (90) days. At the end of such period, the department shall determine whether an annual or extended license should be granted to a new licensee as otherwise provided in this section. (C) Nothing in this subsection (e) shall be construed to prevent the department from taking any regulatory or judicial action as may be required pursuant to the licensing laws and regulations that may be necessary to protect the children in the care of such agency.
(1) Except as provided herein, no license for a child care agency shall be transferable, and the transfer by sale or lease, or in any other manner, of the operation of the agency to any other person or entity shall void the existing license immediately and any pending appeal involving the status of the license, and the agency shall be required to close immediately. If the transferee has made application for, and is granted, a temporary license, the agency may continue operation under the direction of the new licensee. The new licensee in such circumstances may not be the transferor or any person or entity acting on behalf of the transferor.
(2) If the department determines that any person or entity has transferred nominal control of an agency to any persons or entities who are determined by the department to be acting on behalf of the purported transferor in order to circumvent a history of violations of the licensing law or regulations or to otherwise attempt to circumvent the licensing law or regulations or any prior licensing actions instituted by the department, the department may deny the issuance of any license to the applicant. The denial of the license may be appealed as provided in § 37-5-514 .
(3) (A) The license of any agency shall not be voided nor shall any pending appeal be voided pursuant to this subsection (e) solely for the reason that the agency is subject to judicial orders directing the transfer of control or management of a child care agency or its license to any receiver, trustee, administrator or executor of an estate, or any similarly situated person or entity. (B) If the current licensee dies, and provided that no licensing violations require the suspension, denial or revocation of the agency's license, the department may grant family members of the licensee, or administrators or executors of the licensee, a temporary license to continue operation for a period of ninety (90) days. At the end of such period, the department shall determine whether an annual or extended license should be granted to a new licensee as otherwise provided in this section. (C) Nothing in this subsection (e) shall be construed to prevent the department from taking any regulatory or judicial action as may be required pursuant to the licensing laws and regulations that may be necessary to protect the children in the care of such agency.
(A) The license of any agency shall not be voided nor shall any pending appeal be voided pursuant to this subsection (e) solely for the reason that the agency is subject to judicial orders directing the transfer of control or management of a child care agency or its license to any receiver, trustee, administrator or executor of an estate, or any similarly situated person or entity.
(B) If the current licensee dies, and provided that no licensing violations require the suspension, denial or revocation of the agency's license, the department may grant family members of the licensee, or administrators or executors of the licensee, a temporary license to continue operation for a period of ninety (90) days. At the end of such period, the department shall determine whether an annual or extended license should be granted to a new licensee as otherwise provided in this section.
(C) Nothing in this subsection (e) shall be construed to prevent the department from taking any regulatory or judicial action as may be required pursuant to the licensing laws and regulations that may be necessary to protect the children in the care of such agency.
(f) The following fees shall apply to applications for licenses for child care agencies licensed pursuant to this part: (1) Family boarding home or foster care home .................... $25.00 (2) Group care home .................... 25.00 (3) Any child caring institution or child placing agency .................... 25.00 (4) Maternity home .................... 25.00 (5) Child abuse agency .................... 25.00 (6) Detention center .................... 25.00 (7) Temporary holding resources .................... 25.00
(1) Family boarding home or foster care home .................... $25.00
(2) Group care home .................... 25.00
(3) Any child caring institution or child placing agency .................... 25.00
(4) Maternity home .................... 25.00
(5) Child abuse agency .................... 25.00
(6) Detention center .................... 25.00
(7) Temporary holding resources .................... 25.00
(g) All licensure application and renewal fees collected by the department pursuant to this part shall be paid into the general fund, but shall be earmarked for and dedicated to the department. Such earmarked fees shall be used by the department exclusively to improve child care quality in this state by funding activities that include, but are not limited to, child care provider training activities, but excluding any costs associated with conducting criminal background checks.
(h) A license issued to a child placing agency by the department shall include all boarding homes, group care homes or foster homes approved, supervised and used by the licensed agency as a part of its work.
(i) (1) Notwithstanding title 13, chapter 7 to the contrary, upon adoption of a resolution by two-thirds (2/3) vote of the county legislative body, a zoning authority, in determining the suitability of a request for a use of property for the establishment or alteration of a child care agency, may consider the criminal background of the persons or person making the request or the criminal background of the persons or person who will manage or operate the child care agency. The authority may require the person to submit a fingerprint sample and a criminal history disclosure form. A criminal history records check conducted under this subdivision (i)(1) must be conducted by the Tennessee bureau of investigation or the federal bureau of investigation, or both, and the results of the check must be forwarded to the authority. (2) The authority shall maintain the confidentiality of all criminal history records information received pursuant to this subsection (i). (3) The zoning authority is responsible for all costs associated with obtaining the criminal background information.
(1) Notwithstanding title 13, chapter 7 to the contrary, upon adoption of a resolution by two-thirds (2/3) vote of the county legislative body, a zoning authority, in determining the suitability of a request for a use of property for the establishment or alteration of a child care agency, may consider the criminal background of the persons or person making the request or the criminal background of the persons or person who will manage or operate the child care agency. The authority may require the person to submit a fingerprint sample and a criminal history disclosure form. A criminal history records check conducted under this subdivision (i)(1) must be conducted by the Tennessee bureau of investigation or the federal bureau of investigation, or both, and the results of the check must be forwarded to the authority.
(2) The authority shall maintain the confidentiality of all criminal history records information received pursuant to this subsection (i).
(3) The zoning authority is responsible for all costs associated with obtaining the criminal background information.
(j) On or after July 1, 2022, an applicant seeking a license, including renewal of an existing license, for a child care agency that provides residential child care shall disclose all contracts and agreements, including contract or agreement amendments, with third parties through which the applicant intends to provide placement, housing, or care services for children in this state.
Amended by 2022 Tenn. Acts, ch. 1126, Secs.s 2, s 9 eff. 7/1/2022.
Acts 2000, ch. 981, § 20.
Tenn. Code Ann. § 37-1-190 — TN Code / Title 37 / Chapter 1 / Section 37-1-190
Restrictions on possessing and purchasing firearms following adjudication - Submission of adjudication to the instant check unit - Petition for reinstatement
Status: in_force

(a) (1) Beginning July 1, 2024, in addition to any disposition authorized by § 37-1-131 , if a juvenile is adjudicated delinquent for conduct that, if committed by an adult, would constitute an offense set out in subdivision (a)(2), then the court shall prohibit the juvenile from purchasing or possessing a firearm until the juvenile reaches twenty-five (25) years of age. (2) This section applies to delinquent acts committed by a juvenile who is fourteen (14) years of age or older at the time of the act that, if committed by an adult, would constitute: (A) Aggravated assault, as defined in § 39-13-102 ; (B) Aggravated assault against a first responder or nurse, as defined in § 39-13-116 ; (C) A violation of title 39, chapter 13, part 2; (D) A violation of title 39, chapter 13, part 4; (E) A violation of title 39, chapter 13, part 10; (F) Aggravated cruelty to animals, as defined in § 39-14-212 ; (G) A threat of mass violence, as defined in § 39-16-517 ; or (H) A violation of title 39 involving the use or display of a firearm. (b) (1) Before a juvenile court accepts a plea of guilty or no contest from a child who was fourteen (14) years of age or older at the time of the offense and charged with a delinquent offense described in subdivision (a)(2), the court shall notify the juvenile that the juvenile will be prohibited from possessing or purchasing a firearm until the juvenile reaches twenty-five (25) years of age. (2) After informing the juvenile of the firearm consequences of a plea of guilty or no contest, the court may accept the plea of guilty or no contest if the juvenile clearly states on the record that the juvenile is aware of the consequences of the adjudication and still wishes to enter a plea of guilty or no contest. (c) If a juvenile is found by the court to have committed a delinquent act described in subdivision (a)(2), then the court shall notify the juvenile of the prohibition on purchasing or possessing a firearm until the juvenile reaches twenty-five (25) years of age. (d) The clerk of the juvenile court shall electronically submit to the instant check unit of the Tennessee bureau of investigation the final disposition of delinquency proceedings against a juvenile adjudicated delinquent for an act described in subdivision (a)(2) as soon as practicable but not later than three (3) business days after final disposition of the delinquency proceedings. The Tennessee bureau of investigation shall transmit the final disposition to the department of safety for the department's use in determining eligibility under §§ 39-17-1351 , 39-17-1352 , and 39-17-1366 . (e) (1) If a person subject to the prohibition in subsection (a) is nineteen (19) years of age or older and at least one (1) year removed from person's most recent delinquency adjudication and completion of any disposition imposed, then the person may petition the juvenile court for reinstatement of the person's right to purchase or possess a firearm. (2) In determining whether to grant a petition filed under this subsection (e), the court shall consider: (A) The behavior of the person since the delinquency adjudication resulting in the prohibition under subsection (a); (B) The likelihood that the person will engage in further criminal activity; and (C) Any other information the court considers relevant. (3) Pursuant to § 37-1-159 , the criminal court, or a court having criminal jurisdiction, may review the juvenile court's determination under this subsection (e). (4) If the court grants a petition for reinstatement of the person's right to purchase or possess a firearm and the court's order is not appealed pursuant to § 37-1-159 , then the clerk of the juvenile court shall electronically submit to the instant check unit of the Tennessee bureau of investigation a certified copy of the order reinstating the person's right to purchase or possess a firearm within three (3) business days after the time period for filing an appeal has closed. Added by 2024 Tenn. Acts, ch. 973,s 2, eff. 7/1/2024.
(a) (1) Beginning July 1, 2024, in addition to any disposition authorized by § 37-1-131 , if a juvenile is adjudicated delinquent for conduct that, if committed by an adult, would constitute an offense set out in subdivision (a)(2), then the court shall prohibit the juvenile from purchasing or possessing a firearm until the juvenile reaches twenty-five (25) years of age. (2) This section applies to delinquent acts committed by a juvenile who is fourteen (14) years of age or older at the time of the act that, if committed by an adult, would constitute: (A) Aggravated assault, as defined in § 39-13-102 ; (B) Aggravated assault against a first responder or nurse, as defined in § 39-13-116 ; (C) A violation of title 39, chapter 13, part 2; (D) A violation of title 39, chapter 13, part 4; (E) A violation of title 39, chapter 13, part 10; (F) Aggravated cruelty to animals, as defined in § 39-14-212 ; (G) A threat of mass violence, as defined in § 39-16-517 ; or (H) A violation of title 39 involving the use or display of a firearm.
(1) Beginning July 1, 2024, in addition to any disposition authorized by § 37-1-131 , if a juvenile is adjudicated delinquent for conduct that, if committed by an adult, would constitute an offense set out in subdivision (a)(2), then the court shall prohibit the juvenile from purchasing or possessing a firearm until the juvenile reaches twenty-five (25) years of age.
(2) This section applies to delinquent acts committed by a juvenile who is fourteen (14) years of age or older at the time of the act that, if committed by an adult, would constitute: (A) Aggravated assault, as defined in § 39-13-102 ; (B) Aggravated assault against a first responder or nurse, as defined in § 39-13-116 ; (C) A violation of title 39, chapter 13, part 2; (D) A violation of title 39, chapter 13, part 4; (E) A violation of title 39, chapter 13, part 10; (F) Aggravated cruelty to animals, as defined in § 39-14-212 ; (G) A threat of mass violence, as defined in § 39-16-517 ; or (H) A violation of title 39 involving the use or display of a firearm.
(A) Aggravated assault, as defined in § 39-13-102 ;
(B) Aggravated assault against a first responder or nurse, as defined in § 39-13-116 ;
(C) A violation of title 39, chapter 13, part 2;
(D) A violation of title 39, chapter 13, part 4;
(E) A violation of title 39, chapter 13, part 10;
(F) Aggravated cruelty to animals, as defined in § 39-14-212 ;
(G) A threat of mass violence, as defined in § 39-16-517 ; or
(H) A violation of title 39 involving the use or display of a firearm.
(b) (1) Before a juvenile court accepts a plea of guilty or no contest from a child who was fourteen (14) years of age or older at the time of the offense and charged with a delinquent offense described in subdivision (a)(2), the court shall notify the juvenile that the juvenile will be prohibited from possessing or purchasing a firearm until the juvenile reaches twenty-five (25) years of age. (2) After informing the juvenile of the firearm consequences of a plea of guilty or no contest, the court may accept the plea of guilty or no contest if the juvenile clearly states on the record that the juvenile is aware of the consequences of the adjudication and still wishes to enter a plea of guilty or no contest.
(1) Before a juvenile court accepts a plea of guilty or no contest from a child who was fourteen (14) years of age or older at the time of the offense and charged with a delinquent offense described in subdivision (a)(2), the court shall notify the juvenile that the juvenile will be prohibited from possessing or purchasing a firearm until the juvenile reaches twenty-five (25) years of age.
(2) After informing the juvenile of the firearm consequences of a plea of guilty or no contest, the court may accept the plea of guilty or no contest if the juvenile clearly states on the record that the juvenile is aware of the consequences of the adjudication and still wishes to enter a plea of guilty or no contest.
(c) If a juvenile is found by the court to have committed a delinquent act described in subdivision (a)(2), then the court shall notify the juvenile of the prohibition on purchasing or possessing a firearm until the juvenile reaches twenty-five (25) years of age.
(d) The clerk of the juvenile court shall electronically submit to the instant check unit of the Tennessee bureau of investigation the final disposition of delinquency proceedings against a juvenile adjudicated delinquent for an act described in subdivision (a)(2) as soon as practicable but not later than three (3) business days after final disposition of the delinquency proceedings. The Tennessee bureau of investigation shall transmit the final disposition to the department of safety for the department's use in determining eligibility under §§ 39-17-1351 , 39-17-1352 , and 39-17-1366 .
(e) (1) If a person subject to the prohibition in subsection (a) is nineteen (19) years of age or older and at least one (1) year removed from person's most recent delinquency adjudication and completion of any disposition imposed, then the person may petition the juvenile court for reinstatement of the person's right to purchase or possess a firearm. (2) In determining whether to grant a petition filed under this subsection (e), the court shall consider: (A) The behavior of the person since the delinquency adjudication resulting in the prohibition under subsection (a); (B) The likelihood that the person will engage in further criminal activity; and (C) Any other information the court considers relevant. (3) Pursuant to § 37-1-159 , the criminal court, or a court having criminal jurisdiction, may review the juvenile court's determination under this subsection (e). (4) If the court grants a petition for reinstatement of the person's right to purchase or possess a firearm and the court's order is not appealed pursuant to § 37-1-159 , then the clerk of the juvenile court shall electronically submit to the instant check unit of the Tennessee bureau of investigation a certified copy of the order reinstating the person's right to purchase or possess a firearm within three (3) business days after the time period for filing an appeal has closed.
(1) If a person subject to the prohibition in subsection (a) is nineteen (19) years of age or older and at least one (1) year removed from person's most recent delinquency adjudication and completion of any disposition imposed, then the person may petition the juvenile court for reinstatement of the person's right to purchase or possess a firearm.
(2) In determining whether to grant a petition filed under this subsection (e), the court shall consider: (A) The behavior of the person since the delinquency adjudication resulting in the prohibition under subsection (a); (B) The likelihood that the person will engage in further criminal activity; and (C) Any other information the court considers relevant.
(A) The behavior of the person since the delinquency adjudication resulting in the prohibition under subsection (a);
(B) The likelihood that the person will engage in further criminal activity; and
(C) Any other information the court considers relevant.
(3) Pursuant to § 37-1-159 , the criminal court, or a court having criminal jurisdiction, may review the juvenile court's determination under this subsection (e).
(4) If the court grants a petition for reinstatement of the person's right to purchase or possess a firearm and the court's order is not appealed pursuant to § 37-1-159 , then the clerk of the juvenile court shall electronically submit to the instant check unit of the Tennessee bureau of investigation a certified copy of the order reinstating the person's right to purchase or possess a firearm within three (3) business days after the time period for filing an appeal has closed.
Added by 2024 Tenn. Acts, ch. 973,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 37-1-411 — TN Code / Title 37 / Chapter 1 / Section 37-1-411
Evidentiary privileges not applicable to child abuse cases
Status: in_force

Neither the husband-wife privilege as preserved in § 24-1-201 , nor the psychiatrist-patient privilege as set forth in § 24-1-207 , nor the psychologist-patient privilege as set forth in § 63-11-213 is a ground for excluding evidence regarding harm or the cause of harm to a child in any dependency and neglect proceeding resulting from a report of such harm under § 37-1-403 or a criminal prosecution for severe child abuse. Acts 1973, ch. 81, § 1; 1977, ch. 343, § 4; T.C.A., §§ 37-1210, 37-1211; Acts 1985, ch. 478, § 20.
Neither the husband-wife privilege as preserved in § 24-1-201 , nor the psychiatrist-patient privilege as set forth in § 24-1-207 , nor the psychologist-patient privilege as set forth in § 63-11-213 is a ground for excluding evidence regarding harm or the cause of harm to a child in any dependency and neglect proceeding resulting from a report of such harm under § 37-1-403 or a criminal prosecution for severe child abuse.
Acts 1973, ch. 81, § 1; 1977, ch. 343, § 4; T.C.A., §§ 37-1210, 37-1211; Acts 1985, ch. 478, § 20.
Tenn. Code Ann. § 37-2-314 — TN Code / Title 37 / Chapter 2 / Section 37-2-314
Commitment of children to homes
Status: in_force

Any dependent, neglected or abandoned child or any child without proper parental care or guardianship shall be received in the home by commitment of the juvenile judge wherever the juvenile judge's jurisdiction permits, upon a judgment or decree entered in the court showing that the child is dependent, neglected or abandoned or without proper parental care or guardianship, or is likely to become a public charge. Acts 1949, ch. 222, § 16; C. Supp. 1950, § 4746.16 (Williams, § 4765.134); T.C.A. (orig. ed.), § 37-614.
Any dependent, neglected or abandoned child or any child without proper parental care or guardianship shall be received in the home by commitment of the juvenile judge wherever the juvenile judge's jurisdiction permits, upon a judgment or decree entered in the court showing that the child is dependent, neglected or abandoned or without proper parental care or guardianship, or is likely to become a public charge.
Acts 1949, ch. 222, § 16; C. Supp. 1950, § 4746.16 (Williams, § 4765.134); T.C.A. (orig. ed.), § 37-614.
Tenn. Code Ann. § 37-1-102 — TN Code / Title 37 / Chapter 1 / Section 37-1-102
Chapter and part definitions
Status: in_force

(a) As used in this chapter, any reference to the department of correction is construed to mean the department of children's services, unless the reference is clearly intended to designate the department of correction. (b) As used in this part, unless the context otherwise requires: (1) "Abuse" exists when: (A) A person under eighteen (18) years of age is suffering from, has sustained, or may be in immediate danger of suffering from or sustaining a wound, injury, disability, or physical or mental condition caused by brutality, neglect, use of force, extreme or repeated cruelty, or other actions or inactions of a parent, relative, guardian, or caregiver; or (B) A person under eighteen (18) years of age is suffering from, has sustained, or may be in immediate danger of suffering from or sustaining child sexual abuse, as defined in § 37-1-602 , by the actions or inactions of a parent, relative, guardian, or caregiver; (2) "Administrative hearing" is an action by the judge or magistrate of the juvenile court in conformity with legislative intent in terminating the home placement of a juvenile; (3) "Adult" means any person eighteen (18) years of age or older; (4) "Caregiver" means any relative or other person living, visiting, or working in the child's home who supervises or otherwise provides care or assistance for the child, such as a babysitter, or who is an employee or volunteer with the responsibility for any child at an educational, recreational, medical, religious, therapeutic, or other setting where children are present. "Caregiver" may also include a person who has allegedly used the child for the purpose of commercial sexual exploitation of a minor or trafficking a minor for a commercial sex act, including, but not limited to, as a trafficker. For purposes of this chapter, "caregiver" and "caretaker" shall have the same meaning; (5) "Child" means: (A) A person under eighteen (18) years of age; or (B) A person under nineteen (19) years of age for the limited purpose of: (i) Remaining under the continuing jurisdiction of the juvenile court to enforce a non-custodial order of disposition entered prior to the person's eighteenth birthday; (ii) Remaining under the jurisdiction of the juvenile court for the purpose of being committed, or completing commitment including completion of home placement supervision, to the department of children's services with such commitment based on an adjudication of delinquency for an offense that occurred prior to the person's eighteenth birthday; or (iii) Remaining under the jurisdiction of the juvenile court for resolution of a delinquent offense or offenses committed prior to a person's eighteenth birthday but considered by the juvenile court after a person's eighteenth birthday with the court having the option of retaining jurisdiction for adjudication and disposition or transferring the person to criminal court under § 37-1-134 ; (C) A person under twenty-four (24) years of age for the limited purpose of remaining under the jurisdiction of the juvenile court while serving a sentence as a serious youthful offender pursuant to § 37-1-131(g) ; (D) In no event shall a person eighteen (18) years of age or older be committed to or remain in the custody of the department of children's services by virtue of being adjudicated dependent and neglected, unruly or in need of services pursuant to § 37-1-175 , except as provided in 37-5-106(a)(20); (E) This subdivision (b)(5) shall in no way be construed as limiting the court's jurisdiction to transfer a person to criminal court under § 37-1-134 ; (F) A person eighteen (18) years of age is legally an adult for all other purposes including, but not limited to, enforcement of the court's orders under this subsection (b) through its contempt power under § 37-1-158 ; (G) No exception shall be made for a child who may be emancipated by marriage or otherwise; and (H) A person over the age of eighteen (18) shall be allowed to remain under the continuing jurisdiction of the juvenile court for purposes of the voluntary extension of services pursuant to § 37-2-604 ; (6) "Commissioner" means commissioner of children's services; (7) "Court order" means any order or decree of a judge, magistrate or court of competent jurisdiction. A "valid court order" is one that is authorized by law, and any order entered in the minutes of a court of record is presumed to be valid; (8) "Custodian" means a person, other than a parent or legal guardian, who stands in loco parentis to the child or a person to whom temporary legal custody of the child has been given by order of a court; (9) "Custody" means the control of actual physical care of the child and includes the right and responsibility to provide for the physical, mental, moral and emotional well-being of the child. "Custody," as herein defined, relates to those rights and responsibilities as exercised either by the parents or by a person or organization granted custody by a court of competent jurisdiction. "Custody" shall not be construed as the termination of parental rights set forth in § 37-1-147 . "Custody" does not exist by virtue of mere physical possession of the child; (10) "Delinquent act" means an act designated a crime under the law, including local ordinances of this state, or of another state if the act occurred in that state, or under federal law, and the crime is not a status offense under subdivision (b)(32)(C) and the crime is not a traffic offense as defined in the traffic code of the state other than failing to stop when involved in an accident pursuant to § 55-10-101 , driving while under the influence of an intoxicant or drug, vehicular homicide or any other traffic offense classified as a felony; (11) "Delinquent child" means a child who has committed a delinquent act and is in need of treatment or rehabilitation; (12) "Department" means the department of children's services; (13) "Dependent and neglected child" means a child at the time of the filing of the petition: (A) Who is without a parent, guardian or legal custodian; (B) Whose parent, guardian or person with whom the child lives, by reason of cruelty, mental incapacity, immorality or depravity is unfit to properly care for such child; (C) Who is under unlawful or improper care, supervision, custody or restraint by any person, corporation, agency, association, institution, society or other organization or who is unlawfully kept out of school; (D) Whose parent, guardian or custodian neglects or refuses to provide necessary medical, surgical, institutional or hospital care for such child; (E) Who, because of lack of proper supervision, is found in any place the existence of which is in violation of law; (F) Who is in such condition of want or suffering or is under such improper guardianship or control as to injure or endanger the morals or health of such child or others; (G) Who is suffering from abuse or neglect; (H) Who has been in the care and control of one (1) or more agency or person not related to such child by blood or marriage for a continuous period of six (6) months or longer in the absence of a power of attorney or court order, and such person or agency has not initiated judicial proceedings seeking either legal custody or adoption of the child; (I) Who is or has been allowed, encouraged or permitted to engage in prostitution or obscene or pornographic photographing, filming, posing, or similar activity and whose parent, guardian or other custodian neglects or refuses to protect such child from further such activity; or (J) (i) Who has willfully been left in the sole financial care and sole physical care of a related caregiver for not less than eighteen (18) consecutive months by the child's parent, parents or legal custodian to the related caregiver, and the child will suffer substantial harm if removed from the continuous care of such relative; (ii) For the purposes of this subdivision (b)(13)(J): (a) A related caregiver shall include the child's biological, step or legal grandparent, great grandparent, sibling, aunt, uncle or any other person who is legally or biologically related to the child; and (b) A child willfully left with a related caregiver as defined in subdivision (b)(13)(J)(ii) (a) because of the parent's military service shall not be subject to action pursuant to § 37-1-183 ; (14) "Detention" means temporary confinement in a secure or closed type of facility that is under the direction or supervision of the court or a facility that is designated by the court or other authority as a place of confinement for juveniles; (15) "Evidence-based" means policies, procedures, programs, and practices demonstrated by scientific research to reliably produce reductions in recidivism or has been rated as effective by a standardized program evaluation tool; (16) "Financial obligations" means fines, fees, costs, surcharges, child support, or other monetary liabilities ordered or assessed by any court or state or county government, but does not include restitution; (17) "Foster care" means the temporary placement of a child in the custody of the department of children's services or any agency or institution, whether public or private, for care outside the home of a parent or relative, by blood or marriage, of the child, whether the placement is by court order, voluntary placement agreement, surrender of parental rights or otherwise; (18) "Foster parent" means, for purposes other than § 37-2-414 , a person who has been trained and approved by the department or licensed child-placing agency to provide full-time temporary out-of-home care at a private residence for a child or children who have been placed in foster care, or in the case of a child or children placed for adoption, a person who has provided care for the child or children for a period of six (6) months or longer in the absence of a power of attorney or court order; (19) "Juvenile court" means the general sessions court in all counties of this state, except in those counties and municipalities in which special juvenile courts are provided by law, and "judge" means judge of the juvenile court; (20) "Nonjudicial days" means Saturdays, Sundays and legal holidays. Nonjudicial days begin at four thirty p.m. (4:30 p.m.) on the day preceding a weekend or holiday, and end at eight o'clock a.m. (8:00 a.m.) on the day after a weekend or holiday; (21) "Positive behavior" means prosocial behavior or progress in a treatment program or on supervision; (22) "Preliminary inquiry" means the process established by the Rules of Juvenile Practice and Procedure that is used to commence proceedings and to resolve complaints by excluding certain matters from juvenile court at their inception; (23) "Probation" means casework service as directed by the court and pursuant to this part as a measure for the protection, guidance, and well-being of the child and child's family; (24) "Protective supervision" means supervision ordered by the court of children found to be dependent or neglected or unruly; (25) "Restitution" means compensation that is accomplished through actual monetary payment to the victim of the offense by the child who committed the offense, or symbolically, through unpaid community service work by the child, for property damage or loss incurred as a result of the delinquent offense; (26) "Seclusion" means the involuntary segregation of a child from the rest of the resident population regardless of the reason for the segregation, including confinement to a locked unit or ward where other children may be seen or heard but are separated from the child, but does not include: (A) The segregation of a child for the purpose of managing biological contagion consistent with the centers for disease control and prevention guidelines; (B) Voluntary time-out involving the voluntary separation of an individual child from others, and where the child is allowed to end the separation at will; or (C) Temporarily securing children in their rooms during regularly scheduled times, such as periods set aside for sleep or regularly scheduled down time, that are universally applicable to the entire population or within the child's assigned living area; (27) "Severe child abuse" means: (A) (i) Exposure of a child to serious bodily injury or death, or the risk of serious bodily injury or death, caused by brutality, abuse, neglect, or use of force; and (ii) As used in this subdivision (b)(27)(A), "serious bodily injury" has the same meaning as "serious bodily injury to the child" given in § 39-15-402 ; (B) Specific brutality, abuse, or neglect toward a child that in the opinion of a qualified expert has caused or will reasonably be expected to produce severe psychosis, severe neurotic disorder, severe depression, severe developmental delay or intellectual disability, or severe impairment of the child's ability to function adequately in the child's environment; (C) The commission of an act toward the child prohibited by §§ 39-13-307-39-13-309, §§ 39-13-502-39-13-504, § 39-13-514(b)(3)(A) , § 39-13-515 , § 39-13-522 , § 39-13-527 , § 39-13-531 , § 39-13-532 , § 39-15-302 , § 39-15-402 , § 39-17-1004 , or § 39-17-1005 ; (D) The presence of a child within a structure where the act of creating methamphetamine, as that substance is identified in § 39-17-408 , is occurring; (E) The ingestion of an illegal substance or a controlled substance by a child under eight (8) years of age that results in the child testing positive on a drug screen, except as legally prescribed to the child; or (F) The presence of a child within a structure where any of the following controlled substances are present and accessible to the child: (i) A schedule I controlled substance listed in § 39-17-406 ; (ii) Cocaine; (iii) Methamphetamine; or (iv) Fentanyl; (28) "Sexual activity" has the same meaning given in § 39-17-1002 ; (29) "Sexually explicit image" means a lewd or lascivious visual depiction of a minor's genitals, pubic area, breast or buttocks, or nudity, if such nudity is depicted for the purpose of sexual stimulation or gratification of any person who might view such nudity; (30) "Shelter care" means temporary care of a child in physically unrestricted facilities; (31) "Significant injury" means bodily injury, including a cut, abrasion, bruise, burn, or disfigurement, and physical pain or temporary illness or impairment of the function of a bodily member, organ, or mental faculty, involving: (A) A substantial risk of death; (B) Protracted unconsciousness; (C) Extreme physical pain; (D) Protracted or obvious disfigurement; or (E) Protracted loss or substantial impairment of a function of a bodily member, organ, or mental faculty; (32) "Telecommunication device" has the same meaning as defined in § 39-16-201 ; (33) "Unruly child" means a child in need of treatment and rehabilitation who: (A) Habitually and without justification is truant from school while subject to compulsory school attendance under § 49-6-3007 ; (B) Habitually is disobedient of the reasonable and lawful commands of the child's parent(s), guardian or other legal custodian to the degree that such child's health and safety are endangered; (C) Commits an offense that is applicable only to a child; or (D) Is away from the home, residence or any other residential placement of the child's parent(s), guardian or other legal custodian without their consent. Such child shall be known and defined as a "runaway"; and (34) "Validated risk and needs assessment" means a determination of a child's risk to reoffend and the needs that, when addressed, reduce the child's risk to reoffend through the use of an actuarial assessment tool that assesses the dynamic and static factors that predict delinquent behavior. Amended by 2024 Tenn. Acts, ch. 1007,s 1, eff. 1/1/2025, app. to all costs submitted for reimbursement on or after July 1, 2011. Amended by 2024 Tenn. Acts, ch. 862,s 1, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 613,s 10, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 613,s 5, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 613,s 6, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 574,s 1, eff. 7/1/2024. Amended by 2023 Tenn. Acts, ch. 363, s 7, eff. 5/5/2023. Amended by 2022 Tenn. Acts, ch. 937, s 1, eff. 7/1/2022. Amended by 2021 Tenn. Acts, ch. 508, s 1, eff. 7/1/2021. Amended by 2021 Tenn. Acts, ch. 147, s 2, eff. 7/1/2021. Amended by 2021 Tenn. Acts, ch. 492, s 2, eff. 5/25/2021. Amended by 2019 Tenn. Acts, ch. 510, s 4, eff. 6/3/2019. Amended by 2019 Tenn. Acts, ch. 36, s 19, eff. 7/1/2019. Amended by 2018 Tenn. Acts, ch. 1052, Secs.s 4, s 5 eff. 7/1/2018. Amended by 2018 Tenn. Acts, ch. 1052, s 3, eff. 7/1/2018. Amended by 2017 Tenn. Acts, ch. 367, s 2, eff. 7/1/2017. Amended by 2017 Tenn. Acts, ch. 292, s 2, eff. 7/1/2017. Amended by 2017 Tenn. Acts, ch. 292, s 1, eff. 7/1/2017. Amended by 2016 Tenn. Acts, ch. 979, s 4, eff. 7/1/2016. Amended by 2014 Tenn. Acts, ch. 711, s 1, eff. 7/1/2014. Acts 1970, ch. 600, § 2; 1973, ch. 81, § 3; 1975, ch. 326, § 1; 1976, ch. 425, § 1; 1977, ch. 87, § 1; 1977, ch. 482, § 1; 1978, ch. 543, § 1; 1978, ch. 704, § 3; 1979, ch. 271, § 1; 1979, ch. 289, § 2; 1980, ch. 796, § 1; 1980, ch. 838, § 3; 1981, ch. 120, § 1; 1981, ch. 316, §§ 1, 3; 1982, ch. 882, § 4; 1982, ch. 934, § 16; 1983, ch. 9, § 1; 1983, ch. 254, § 1; 1983, ch. 435, § 2; T.C.A., § 37-202; Acts 1984, ch. 789, § 5; 1985, ch. 441, § 1; 1985, ch. 478, § 30; 1989, ch. 278, §§ 29, 77; 1990, ch. 988, § 2; 1993, ch. 276, § 1; 1995, ch. 532, §§ 4-6; 1996, ch. 1079, §§ 73, 77-84, 183; 2000, ch. 947, § 8G; 2002, ch. 868, § 1; 2009 , ch. 235, § 1; 2009 , ch. 411, §§ 5-8, 10; 2010 , ch. 1065, § 4; 2011 , ch. 158, § 19; 2011 , ch. 314, §§ 3, 4; 2011 , ch. 486, § 1; 2012 , ch. 653, § 1.
(a) As used in this chapter, any reference to the department of correction is construed to mean the department of children's services, unless the reference is clearly intended to designate the department of correction.
(b) As used in this part, unless the context otherwise requires: (1) "Abuse" exists when: (A) A person under eighteen (18) years of age is suffering from, has sustained, or may be in immediate danger of suffering from or sustaining a wound, injury, disability, or physical or mental condition caused by brutality, neglect, use of force, extreme or repeated cruelty, or other actions or inactions of a parent, relative, guardian, or caregiver; or (B) A person under eighteen (18) years of age is suffering from, has sustained, or may be in immediate danger of suffering from or sustaining child sexual abuse, as defined in § 37-1-602 , by the actions or inactions of a parent, relative, guardian, or caregiver; (2) "Administrative hearing" is an action by the judge or magistrate of the juvenile court in conformity with legislative intent in terminating the home placement of a juvenile; (3) "Adult" means any person eighteen (18) years of age or older; (4) "Caregiver" means any relative or other person living, visiting, or working in the child's home who supervises or otherwise provides care or assistance for the child, such as a babysitter, or who is an employee or volunteer with the responsibility for any child at an educational, recreational, medical, religious, therapeutic, or other setting where children are present. "Caregiver" may also include a person who has allegedly used the child for the purpose of commercial sexual exploitation of a minor or trafficking a minor for a commercial sex act, including, but not limited to, as a trafficker. For purposes of this chapter, "caregiver" and "caretaker" shall have the same meaning; (5) "Child" means: (A) A person under eighteen (18) years of age; or (B) A person under nineteen (19) years of age for the limited purpose of: (i) Remaining under the continuing jurisdiction of the juvenile court to enforce a non-custodial order of disposition entered prior to the person's eighteenth birthday; (ii) Remaining under the jurisdiction of the juvenile court for the purpose of being committed, or completing commitment including completion of home placement supervision, to the department of children's services with such commitment based on an adjudication of delinquency for an offense that occurred prior to the person's eighteenth birthday; or (iii) Remaining under the jurisdiction of the juvenile court for resolution of a delinquent offense or offenses committed prior to a person's eighteenth birthday but considered by the juvenile court after a person's eighteenth birthday with the court having the option of retaining jurisdiction for adjudication and disposition or transferring the person to criminal court under § 37-1-134 ; (C) A person under twenty-four (24) years of age for the limited purpose of remaining under the jurisdiction of the juvenile court while serving a sentence as a serious youthful offender pursuant to § 37-1-131(g) ; (D) In no event shall a person eighteen (18) years of age or older be committed to or remain in the custody of the department of children's services by virtue of being adjudicated dependent and neglected, unruly or in need of services pursuant to § 37-1-175 , except as provided in 37-5-106(a)(20); (E) This subdivision (b)(5) shall in no way be construed as limiting the court's jurisdiction to transfer a person to criminal court under § 37-1-134 ; (F) A person eighteen (18) years of age is legally an adult for all other purposes including, but not limited to, enforcement of the court's orders under this subsection (b) through its contempt power under § 37-1-158 ; (G) No exception shall be made for a child who may be emancipated by marriage or otherwise; and (H) A person over the age of eighteen (18) shall be allowed to remain under the continuing jurisdiction of the juvenile court for purposes of the voluntary extension of services pursuant to § 37-2-604 ; (6) "Commissioner" means commissioner of children's services; (7) "Court order" means any order or decree of a judge, magistrate or court of competent jurisdiction. A "valid court order" is one that is authorized by law, and any order entered in the minutes of a court of record is presumed to be valid; (8) "Custodian" means a person, other than a parent or legal guardian, who stands in loco parentis to the child or a person to whom temporary legal custody of the child has been given by order of a court; (9) "Custody" means the control of actual physical care of the child and includes the right and responsibility to provide for the physical, mental, moral and emotional well-being of the child. "Custody," as herein defined, relates to those rights and responsibilities as exercised either by the parents or by a person or organization granted custody by a court of competent jurisdiction. "Custody" shall not be construed as the termination of parental rights set forth in § 37-1-147 . "Custody" does not exist by virtue of mere physical possession of the child; (10) "Delinquent act" means an act designated a crime under the law, including local ordinances of this state, or of another state if the act occurred in that state, or under federal law, and the crime is not a status offense under subdivision (b)(32)(C) and the crime is not a traffic offense as defined in the traffic code of the state other than failing to stop when involved in an accident pursuant to § 55-10-101 , driving while under the influence of an intoxicant or drug, vehicular homicide or any other traffic offense classified as a felony; (11) "Delinquent child" means a child who has committed a delinquent act and is in need of treatment or rehabilitation; (12) "Department" means the department of children's services; (13) "Dependent and neglected child" means a child at the time of the filing of the petition: (A) Who is without a parent, guardian or legal custodian; (B) Whose parent, guardian or person with whom the child lives, by reason of cruelty, mental incapacity, immorality or depravity is unfit to properly care for such child; (C) Who is under unlawful or improper care, supervision, custody or restraint by any person, corporation, agency, association, institution, society or other organization or who is unlawfully kept out of school; (D) Whose parent, guardian or custodian neglects or refuses to provide necessary medical, surgical, institutional or hospital care for such child; (E) Who, because of lack of proper supervision, is found in any place the existence of which is in violation of law; (F) Who is in such condition of want or suffering or is under such improper guardianship or control as to injure or endanger the morals or health of such child or others; (G) Who is suffering from abuse or neglect; (H) Who has been in the care and control of one (1) or more agency or person not related to such child by blood or marriage for a continuous period of six (6) months or longer in the absence of a power of attorney or court order, and such person or agency has not initiated judicial proceedings seeking either legal custody or adoption of the child; (I) Who is or has been allowed, encouraged or permitted to engage in prostitution or obscene or pornographic photographing, filming, posing, or similar activity and whose parent, guardian or other custodian neglects or refuses to protect such child from further such activity; or (J) (i) Who has willfully been left in the sole financial care and sole physical care of a related caregiver for not less than eighteen (18) consecutive months by the child's parent, parents or legal custodian to the related caregiver, and the child will suffer substantial harm if removed from the continuous care of such relative; (ii) For the purposes of this subdivision (b)(13)(J): (a) A related caregiver shall include the child's biological, step or legal grandparent, great grandparent, sibling, aunt, uncle or any other person who is legally or biologically related to the child; and (b) A child willfully left with a related caregiver as defined in subdivision (b)(13)(J)(ii) (a) because of the parent's military service shall not be subject to action pursuant to § 37-1-183 ; (14) "Detention" means temporary confinement in a secure or closed type of facility that is under the direction or supervision of the court or a facility that is designated by the court or other authority as a place of confinement for juveniles; (15) "Evidence-based" means policies, procedures, programs, and practices demonstrated by scientific research to reliably produce reductions in recidivism or has been rated as effective by a standardized program evaluation tool; (16) "Financial obligations" means fines, fees, costs, surcharges, child support, or other monetary liabilities ordered or assessed by any court or state or county government, but does not include restitution; (17) "Foster care" means the temporary placement of a child in the custody of the department of children's services or any agency or institution, whether public or private, for care outside the home of a parent or relative, by blood or marriage, of the child, whether the placement is by court order, voluntary placement agreement, surrender of parental rights or otherwise; (18) "Foster parent" means, for purposes other than § 37-2-414 , a person who has been trained and approved by the department or licensed child-placing agency to provide full-time temporary out-of-home care at a private residence for a child or children who have been placed in foster care, or in the case of a child or children placed for adoption, a person who has provided care for the child or children for a period of six (6) months or longer in the absence of a power of attorney or court order; (19) "Juvenile court" means the general sessions court in all counties of this state, except in those counties and municipalities in which special juvenile courts are provided by law, and "judge" means judge of the juvenile court; (20) "Nonjudicial days" means Saturdays, Sundays and legal holidays. Nonjudicial days begin at four thirty p.m. (4:30 p.m.) on the day preceding a weekend or holiday, and end at eight o'clock a.m. (8:00 a.m.) on the day after a weekend or holiday; (21) "Positive behavior" means prosocial behavior or progress in a treatment program or on supervision; (22) "Preliminary inquiry" means the process established by the Rules of Juvenile Practice and Procedure that is used to commence proceedings and to resolve complaints by excluding certain matters from juvenile court at their inception; (23) "Probation" means casework service as directed by the court and pursuant to this part as a measure for the protection, guidance, and well-being of the child and child's family; (24) "Protective supervision" means supervision ordered by the court of children found to be dependent or neglected or unruly; (25) "Restitution" means compensation that is accomplished through actual monetary payment to the victim of the offense by the child who committed the offense, or symbolically, through unpaid community service work by the child, for property damage or loss incurred as a result of the delinquent offense; (26) "Seclusion" means the involuntary segregation of a child from the rest of the resident population regardless of the reason for the segregation, including confinement to a locked unit or ward where other children may be seen or heard but are separated from the child, but does not include: (A) The segregation of a child for the purpose of managing biological contagion consistent with the centers for disease control and prevention guidelines; (B) Voluntary time-out involving the voluntary separation of an individual child from others, and where the child is allowed to end the separation at will; or (C) Temporarily securing children in their rooms during regularly scheduled times, such as periods set aside for sleep or regularly scheduled down time, that are universally applicable to the entire population or within the child's assigned living area; (27) "Severe child abuse" means: (A) (i) Exposure of a child to serious bodily injury or death, or the risk of serious bodily injury or death, caused by brutality, abuse, neglect, or use of force; and (ii) As used in this subdivision (b)(27)(A), "serious bodily injury" has the same meaning as "serious bodily injury to the child" given in § 39-15-402 ; (B) Specific brutality, abuse, or neglect toward a child that in the opinion of a qualified expert has caused or will reasonably be expected to produce severe psychosis, severe neurotic disorder, severe depression, severe developmental delay or intellectual disability, or severe impairment of the child's ability to function adequately in the child's environment; (C) The commission of an act toward the child prohibited by §§ 39-13-307-39-13-309, §§ 39-13-502-39-13-504, § 39-13-514(b)(3)(A) , § 39-13-515 , § 39-13-522 , § 39-13-527 , § 39-13-531 , § 39-13-532 , § 39-15-302 , § 39-15-402 , § 39-17-1004 , or § 39-17-1005 ; (D) The presence of a child within a structure where the act of creating methamphetamine, as that substance is identified in § 39-17-408 , is occurring; (E) The ingestion of an illegal substance or a controlled substance by a child under eight (8) years of age that results in the child testing positive on a drug screen, except as legally prescribed to the child; or (F) The presence of a child within a structure where any of the following controlled substances are present and accessible to the child: (i) A schedule I controlled substance listed in § 39-17-406 ; (ii) Cocaine; (iii) Methamphetamine; or (iv) Fentanyl; (28) "Sexual activity" has the same meaning given in § 39-17-1002 ; (29) "Sexually explicit image" means a lewd or lascivious visual depiction of a minor's genitals, pubic area, breast or buttocks, or nudity, if such nudity is depicted for the purpose of sexual stimulation or gratification of any person who might view such nudity; (30) "Shelter care" means temporary care of a child in physically unrestricted facilities; (31) "Significant injury" means bodily injury, including a cut, abrasion, bruise, burn, or disfigurement, and physical pain or temporary illness or impairment of the function of a bodily member, organ, or mental faculty, involving: (A) A substantial risk of death; (B) Protracted unconsciousness; (C) Extreme physical pain; (D) Protracted or obvious disfigurement; or (E) Protracted loss or substantial impairment of a function of a bodily member, organ, or mental faculty; (32) "Telecommunication device" has the same meaning as defined in § 39-16-201 ; (33) "Unruly child" means a child in need of treatment and rehabilitation who: (A) Habitually and without justification is truant from school while subject to compulsory school attendance under § 49-6-3007 ; (B) Habitually is disobedient of the reasonable and lawful commands of the child's parent(s), guardian or other legal custodian to the degree that such child's health and safety are endangered; (C) Commits an offense that is applicable only to a child; or (D) Is away from the home, residence or any other residential placement of the child's parent(s), guardian or other legal custodian without their consent. Such child shall be known and defined as a "runaway"; and (34) "Validated risk and needs assessment" means a determination of a child's risk to reoffend and the needs that, when addressed, reduce the child's risk to reoffend through the use of an actuarial assessment tool that assesses the dynamic and static factors that predict delinquent behavior.
(1) "Abuse" exists when: (A) A person under eighteen (18) years of age is suffering from, has sustained, or may be in immediate danger of suffering from or sustaining a wound, injury, disability, or physical or mental condition caused by brutality, neglect, use of force, extreme or repeated cruelty, or other actions or inactions of a parent, relative, guardian, or caregiver; or (B) A person under eighteen (18) years of age is suffering from, has sustained, or may be in immediate danger of suffering from or sustaining child sexual abuse, as defined in § 37-1-602 , by the actions or inactions of a parent, relative, guardian, or caregiver;
(A) A person under eighteen (18) years of age is suffering from, has sustained, or may be in immediate danger of suffering from or sustaining a wound, injury, disability, or physical or mental condition caused by brutality, neglect, use of force, extreme or repeated cruelty, or other actions or inactions of a parent, relative, guardian, or caregiver; or
(B) A person under eighteen (18) years of age is suffering from, has sustained, or may be in immediate danger of suffering from or sustaining child sexual abuse, as defined in § 37-1-602 , by the actions or inactions of a parent, relative, guardian, or caregiver;
(2) "Administrative hearing" is an action by the judge or magistrate of the juvenile court in conformity with legislative intent in terminating the home placement of a juvenile;
(3) "Adult" means any person eighteen (18) years of age or older;
(4) "Caregiver" means any relative or other person living, visiting, or working in the child's home who supervises or otherwise provides care or assistance for the child, such as a babysitter, or who is an employee or volunteer with the responsibility for any child at an educational, recreational, medical, religious, therapeutic, or other setting where children are present. "Caregiver" may also include a person who has allegedly used the child for the purpose of commercial sexual exploitation of a minor or trafficking a minor for a commercial sex act, including, but not limited to, as a trafficker. For purposes of this chapter, "caregiver" and "caretaker" shall have the same meaning;
(5) "Child" means: (A) A person under eighteen (18) years of age; or (B) A person under nineteen (19) years of age for the limited purpose of: (i) Remaining under the continuing jurisdiction of the juvenile court to enforce a non-custodial order of disposition entered prior to the person's eighteenth birthday; (ii) Remaining under the jurisdiction of the juvenile court for the purpose of being committed, or completing commitment including completion of home placement supervision, to the department of children's services with such commitment based on an adjudication of delinquency for an offense that occurred prior to the person's eighteenth birthday; or (iii) Remaining under the jurisdiction of the juvenile court for resolution of a delinquent offense or offenses committed prior to a person's eighteenth birthday but considered by the juvenile court after a person's eighteenth birthday with the court having the option of retaining jurisdiction for adjudication and disposition or transferring the person to criminal court under § 37-1-134 ; (C) A person under twenty-four (24) years of age for the limited purpose of remaining under the jurisdiction of the juvenile court while serving a sentence as a serious youthful offender pursuant to § 37-1-131(g) ; (D) In no event shall a person eighteen (18) years of age or older be committed to or remain in the custody of the department of children's services by virtue of being adjudicated dependent and neglected, unruly or in need of services pursuant to § 37-1-175 , except as provided in 37-5-106(a)(20); (E) This subdivision (b)(5) shall in no way be construed as limiting the court's jurisdiction to transfer a person to criminal court under § 37-1-134 ; (F) A person eighteen (18) years of age is legally an adult for all other purposes including, but not limited to, enforcement of the court's orders under this subsection (b) through its contempt power under § 37-1-158 ; (G) No exception shall be made for a child who may be emancipated by marriage or otherwise; and (H) A person over the age of eighteen (18) shall be allowed to remain under the continuing jurisdiction of the juvenile court for purposes of the voluntary extension of services pursuant to § 37-2-604 ;
(A) A person under eighteen (18) years of age; or
(B) A person under nineteen (19) years of age for the limited purpose of: (i) Remaining under the continuing jurisdiction of the juvenile court to enforce a non-custodial order of disposition entered prior to the person's eighteenth birthday; (ii) Remaining under the jurisdiction of the juvenile court for the purpose of being committed, or completing commitment including completion of home placement supervision, to the department of children's services with such commitment based on an adjudication of delinquency for an offense that occurred prior to the person's eighteenth birthday; or (iii) Remaining under the jurisdiction of the juvenile court for resolution of a delinquent offense or offenses committed prior to a person's eighteenth birthday but considered by the juvenile court after a person's eighteenth birthday with the court having the option of retaining jurisdiction for adjudication and disposition or transferring the person to criminal court under § 37-1-134 ;
(i) Remaining under the continuing jurisdiction of the juvenile court to enforce a non-custodial order of disposition entered prior to the person's eighteenth birthday;
(ii) Remaining under the jurisdiction of the juvenile court for the purpose of being committed, or completing commitment including completion of home placement supervision, to the department of children's services with such commitment based on an adjudication of delinquency for an offense that occurred prior to the person's eighteenth birthday; or
(iii) Remaining under the jurisdiction of the juvenile court for resolution of a delinquent offense or offenses committed prior to a person's eighteenth birthday but considered by the juvenile court after a person's eighteenth birthday with the court having the option of retaining jurisdiction for adjudication and disposition or transferring the person to criminal court under § 37-1-134 ;
(C) A person under twenty-four (24) years of age for the limited purpose of remaining under the jurisdiction of the juvenile court while serving a sentence as a serious youthful offender pursuant to § 37-1-131(g) ;
(D) In no event shall a person eighteen (18) years of age or older be committed to or remain in the custody of the department of children's services by virtue of being adjudicated dependent and neglected, unruly or in need of services pursuant to § 37-1-175 , except as provided in 37-5-106(a)(20);
(E) This subdivision (b)(5) shall in no way be construed as limiting the court's jurisdiction to transfer a person to criminal court under § 37-1-134 ;
(F) A person eighteen (18) years of age is legally an adult for all other purposes including, but not limited to, enforcement of the court's orders under this subsection (b) through its contempt power under § 37-1-158 ;
(G) No exception shall be made for a child who may be emancipated by marriage or otherwise; and
(H) A person over the age of eighteen (18) shall be allowed to remain under the continuing jurisdiction of the juvenile court for purposes of the voluntary extension of services pursuant to § 37-2-604 ;
(6) "Commissioner" means commissioner of children's services;
(7) "Court order" means any order or decree of a judge, magistrate or court of competent jurisdiction. A "valid court order" is one that is authorized by law, and any order entered in the minutes of a court of record is presumed to be valid;
(8) "Custodian" means a person, other than a parent or legal guardian, who stands in loco parentis to the child or a person to whom temporary legal custody of the child has been given by order of a court;
(9) "Custody" means the control of actual physical care of the child and includes the right and responsibility to provide for the physical, mental, moral and emotional well-being of the child. "Custody," as herein defined, relates to those rights and responsibilities as exercised either by the parents or by a person or organization granted custody by a court of competent jurisdiction. "Custody" shall not be construed as the termination of parental rights set forth in § 37-1-147 . "Custody" does not exist by virtue of mere physical possession of the child;
(10) "Delinquent act" means an act designated a crime under the law, including local ordinances of this state, or of another state if the act occurred in that state, or under federal law, and the crime is not a status offense under subdivision (b)(32)(C) and the crime is not a traffic offense as defined in the traffic code of the state other than failing to stop when involved in an accident pursuant to § 55-10-101 , driving while under the influence of an intoxicant or drug, vehicular homicide or any other traffic offense classified as a felony;
(11) "Delinquent child" means a child who has committed a delinquent act and is in need of treatment or rehabilitation;
(12) "Department" means the department of children's services;
(13) "Dependent and neglected child" means a child at the time of the filing of the petition: (A) Who is without a parent, guardian or legal custodian; (B) Whose parent, guardian or person with whom the child lives, by reason of cruelty, mental incapacity, immorality or depravity is unfit to properly care for such child; (C) Who is under unlawful or improper care, supervision, custody or restraint by any person, corporation, agency, association, institution, society or other organization or who is unlawfully kept out of school; (D) Whose parent, guardian or custodian neglects or refuses to provide necessary medical, surgical, institutional or hospital care for such child; (E) Who, because of lack of proper supervision, is found in any place the existence of which is in violation of law; (F) Who is in such condition of want or suffering or is under such improper guardianship or control as to injure or endanger the morals or health of such child or others; (G) Who is suffering from abuse or neglect; (H) Who has been in the care and control of one (1) or more agency or person not related to such child by blood or marriage for a continuous period of six (6) months or longer in the absence of a power of attorney or court order, and such person or agency has not initiated judicial proceedings seeking either legal custody or adoption of the child; (I) Who is or has been allowed, encouraged or permitted to engage in prostitution or obscene or pornographic photographing, filming, posing, or similar activity and whose parent, guardian or other custodian neglects or refuses to protect such child from further such activity; or (J) (i) Who has willfully been left in the sole financial care and sole physical care of a related caregiver for not less than eighteen (18) consecutive months by the child's parent, parents or legal custodian to the related caregiver, and the child will suffer substantial harm if removed from the continuous care of such relative; (ii) For the purposes of this subdivision (b)(13)(J): (a) A related caregiver shall include the child's biological, step or legal grandparent, great grandparent, sibling, aunt, uncle or any other person who is legally or biologically related to the child; and (b) A child willfully left with a related caregiver as defined in subdivision (b)(13)(J)(ii) (a) because of the parent's military service shall not be subject to action pursuant to § 37-1-183 ;
(A) Who is without a parent, guardian or legal custodian;
(B) Whose parent, guardian or person with whom the child lives, by reason of cruelty, mental incapacity, immorality or depravity is unfit to properly care for such child;
(C) Who is under unlawful or improper care, supervision, custody or restraint by any person, corporation, agency, association, institution, society or other organization or who is unlawfully kept out of school;
(D) Whose parent, guardian or custodian neglects or refuses to provide necessary medical, surgical, institutional or hospital care for such child;
(E) Who, because of lack of proper supervision, is found in any place the existence of which is in violation of law;
(F) Who is in such condition of want or suffering or is under such improper guardianship or control as to injure or endanger the morals or health of such child or others;
(G) Who is suffering from abuse or neglect;
(H) Who has been in the care and control of one (1) or more agency or person not related to such child by blood or marriage for a continuous period of six (6) months or longer in the absence of a power of attorney or court order, and such person or agency has not initiated judicial proceedings seeking either legal custody or adoption of the child;
(I) Who is or has been allowed, encouraged or permitted to engage in prostitution or obscene or pornographic photographing, filming, posing, or similar activity and whose parent, guardian or other custodian neglects or refuses to protect such child from further such activity; or
(J) (i) Who has willfully been left in the sole financial care and sole physical care of a related caregiver for not less than eighteen (18) consecutive months by the child's parent, parents or legal custodian to the related caregiver, and the child will suffer substantial harm if removed from the continuous care of such relative; (ii) For the purposes of this subdivision (b)(13)(J): (a) A related caregiver shall include the child's biological, step or legal grandparent, great grandparent, sibling, aunt, uncle or any other person who is legally or biologically related to the child; and (b) A child willfully left with a related caregiver as defined in subdivision (b)(13)(J)(ii) (a) because of the parent's military service shall not be subject to action pursuant to § 37-1-183 ;
(i) Who has willfully been left in the sole financial care and sole physical care of a related caregiver for not less than eighteen (18) consecutive months by the child's parent, parents or legal custodian to the related caregiver, and the child will suffer substantial harm if removed from the continuous care of such relative;
(ii) For the purposes of this subdivision (b)(13)(J): (a) A related caregiver shall include the child's biological, step or legal grandparent, great grandparent, sibling, aunt, uncle or any other person who is legally or biologically related to the child; and (b) A child willfully left with a related caregiver as defined in subdivision (b)(13)(J)(ii) (a) because of the parent's military service shall not be subject to action pursuant to § 37-1-183 ;
(a) A related caregiver shall include the child's biological, step or legal grandparent, great grandparent, sibling, aunt, uncle or any other person who is legally or biologically related to the child; and
(b) A child willfully left with a related caregiver as defined in subdivision (b)(13)(J)(ii) (a) because of the parent's military service shall not be subject to action pursuant to § 37-1-183 ;
(14) "Detention" means temporary confinement in a secure or closed type of facility that is under the direction or supervision of the court or a facility that is designated by the court or other authority as a place of confinement for juveniles;
(15) "Evidence-based" means policies, procedures, programs, and practices demonstrated by scientific research to reliably produce reductions in recidivism or has been rated as effective by a standardized program evaluation tool;
(16) "Financial obligations" means fines, fees, costs, surcharges, child support, or other monetary liabilities ordered or assessed by any court or state or county government, but does not include restitution;
(17) "Foster care" means the temporary placement of a child in the custody of the department of children's services or any agency or institution, whether public or private, for care outside the home of a parent or relative, by blood or marriage, of the child, whether the placement is by court order, voluntary placement agreement, surrender of parental rights or otherwise;
(18) "Foster parent" means, for purposes other than § 37-2-414 , a person who has been trained and approved by the department or licensed child-placing agency to provide full-time temporary out-of-home care at a private residence for a child or children who have been placed in foster care, or in the case of a child or children placed for adoption, a person who has provided care for the child or children for a period of six (6) months or longer in the absence of a power of attorney or court order;
(19) "Juvenile court" means the general sessions court in all counties of this state, except in those counties and municipalities in which special juvenile courts are provided by law, and "judge" means judge of the juvenile court;
(20) "Nonjudicial days" means Saturdays, Sundays and legal holidays. Nonjudicial days begin at four thirty p.m. (4:30 p.m.) on the day preceding a weekend or holiday, and end at eight o'clock a.m. (8:00 a.m.) on the day after a weekend or holiday;
(21) "Positive behavior" means prosocial behavior or progress in a treatment program or on supervision;
(22) "Preliminary inquiry" means the process established by the Rules of Juvenile Practice and Procedure that is used to commence proceedings and to resolve complaints by excluding certain matters from juvenile court at their inception;
(23) "Probation" means casework service as directed by the court and pursuant to this part as a measure for the protection, guidance, and well-being of the child and child's family;
(24) "Protective supervision" means supervision ordered by the court of children found to be dependent or neglected or unruly;
(25) "Restitution" means compensation that is accomplished through actual monetary payment to the victim of the offense by the child who committed the offense, or symbolically, through unpaid community service work by the child, for property damage or loss incurred as a result of the delinquent offense;
(26) "Seclusion" means the involuntary segregation of a child from the rest of the resident population regardless of the reason for the segregation, including confinement to a locked unit or ward where other children may be seen or heard but are separated from the child, but does not include: (A) The segregation of a child for the purpose of managing biological contagion consistent with the centers for disease control and prevention guidelines; (B) Voluntary time-out involving the voluntary separation of an individual child from others, and where the child is allowed to end the separation at will; or (C) Temporarily securing children in their rooms during regularly scheduled times, such as periods set aside for sleep or regularly scheduled down time, that are universally applicable to the entire population or within the child's assigned living area;
(A) The segregation of a child for the purpose of managing biological contagion consistent with the centers for disease control and prevention guidelines;
(B) Voluntary time-out involving the voluntary separation of an individual child from others, and where the child is allowed to end the separation at will; or
(C) Temporarily securing children in their rooms during regularly scheduled times, such as periods set aside for sleep or regularly scheduled down time, that are universally applicable to the entire population or within the child's assigned living area;
(27) "Severe child abuse" means: (A) (i) Exposure of a child to serious bodily injury or death, or the risk of serious bodily injury or death, caused by brutality, abuse, neglect, or use of force; and (ii) As used in this subdivision (b)(27)(A), "serious bodily injury" has the same meaning as "serious bodily injury to the child" given in § 39-15-402 ; (B) Specific brutality, abuse, or neglect toward a child that in the opinion of a qualified expert has caused or will reasonably be expected to produce severe psychosis, severe neurotic disorder, severe depression, severe developmental delay or intellectual disability, or severe impairment of the child's ability to function adequately in the child's environment; (C) The commission of an act toward the child prohibited by §§ 39-13-307-39-13-309, §§ 39-13-502-39-13-504, § 39-13-514(b)(3)(A) , § 39-13-515 , § 39-13-522 , § 39-13-527 , § 39-13-531 , § 39-13-532 , § 39-15-302 , § 39-15-402 , § 39-17-1004 , or § 39-17-1005 ; (D) The presence of a child within a structure where the act of creating methamphetamine, as that substance is identified in § 39-17-408 , is occurring; (E) The ingestion of an illegal substance or a controlled substance by a child under eight (8) years of age that results in the child testing positive on a drug screen, except as legally prescribed to the child; or (F) The presence of a child within a structure where any of the following controlled substances are present and accessible to the child: (i) A schedule I controlled substance listed in § 39-17-406 ; (ii) Cocaine; (iii) Methamphetamine; or (iv) Fentanyl;
(A) (i) Exposure of a child to serious bodily injury or death, or the risk of serious bodily injury or death, caused by brutality, abuse, neglect, or use of force; and (ii) As used in this subdivision (b)(27)(A), "serious bodily injury" has the same meaning as "serious bodily injury to the child" given in § 39-15-402 ;
(i) Exposure of a child to serious bodily injury or death, or the risk of serious bodily injury or death, caused by brutality, abuse, neglect, or use of force; and
(ii) As used in this subdivision (b)(27)(A), "serious bodily injury" has the same meaning as "serious bodily injury to the child" given in § 39-15-402 ;
(B) Specific brutality, abuse, or neglect toward a child that in the opinion of a qualified expert has caused or will reasonably be expected to produce severe psychosis, severe neurotic disorder, severe depression, severe developmental delay or intellectual disability, or severe impairment of the child's ability to function adequately in the child's environment;
(C) The commission of an act toward the child prohibited by §§ 39-13-307-39-13-309, §§ 39-13-502-39-13-504, § 39-13-514(b)(3)(A) , § 39-13-515 , § 39-13-522 , § 39-13-527 , § 39-13-531 , § 39-13-532 , § 39-15-302 , § 39-15-402 , § 39-17-1004 , or § 39-17-1005 ;
(D) The presence of a child within a structure where the act of creating methamphetamine, as that substance is identified in § 39-17-408 , is occurring;
(E) The ingestion of an illegal substance or a controlled substance by a child under eight (8) years of age that results in the child testing positive on a drug screen, except as legally prescribed to the child; or
(F) The presence of a child within a structure where any of the following controlled substances are present and accessible to the child: (i) A schedule I controlled substance listed in § 39-17-406 ; (ii) Cocaine; (iii) Methamphetamine; or (iv) Fentanyl;
(i) A schedule I controlled substance listed in § 39-17-406 ;
(ii) Cocaine;
(iii) Methamphetamine; or
(iv) Fentanyl;
(28) "Sexual activity" has the same meaning given in § 39-17-1002 ;
(29) "Sexually explicit image" means a lewd or lascivious visual depiction of a minor's genitals, pubic area, breast or buttocks, or nudity, if such nudity is depicted for the purpose of sexual stimulation or gratification of any person who might view such nudity;
(30) "Shelter care" means temporary care of a child in physically unrestricted facilities;
(31) "Significant injury" means bodily injury, including a cut, abrasion, bruise, burn, or disfigurement, and physical pain or temporary illness or impairment of the function of a bodily member, organ, or mental faculty, involving: (A) A substantial risk of death; (B) Protracted unconsciousness; (C) Extreme physical pain; (D) Protracted or obvious disfigurement; or (E) Protracted loss or substantial impairment of a function of a bodily member, organ, or mental faculty;
(A) A substantial risk of death;
(B) Protracted unconsciousness;
(C) Extreme physical pain;
(D) Protracted or obvious disfigurement; or
(E) Protracted loss or substantial impairment of a function of a bodily member, organ, or mental faculty;
(32) "Telecommunication device" has the same meaning as defined in § 39-16-201 ;
(33) "Unruly child" means a child in need of treatment and rehabilitation who: (A) Habitually and without justification is truant from school while subject to compulsory school attendance under § 49-6-3007 ; (B) Habitually is disobedient of the reasonable and lawful commands of the child's parent(s), guardian or other legal custodian to the degree that such child's health and safety are endangered; (C) Commits an offense that is applicable only to a child; or (D) Is away from the home, residence or any other residential placement of the child's parent(s), guardian or other legal custodian without their consent. Such child shall be known and defined as a "runaway"; and
(A) Habitually and without justification is truant from school while subject to compulsory school attendance under § 49-6-3007 ;
(B) Habitually is disobedient of the reasonable and lawful commands of the child's parent(s), guardian or other legal custodian to the degree that such child's health and safety are endangered;
(C) Commits an offense that is applicable only to a child; or
(D) Is away from the home, residence or any other residential placement of the child's parent(s), guardian or other legal custodian without their consent. Such child shall be known and defined as a "runaway"; and
(34) "Validated risk and needs assessment" means a determination of a child's risk to reoffend and the needs that, when addressed, reduce the child's risk to reoffend through the use of an actuarial assessment tool that assesses the dynamic and static factors that predict delinquent behavior.
Amended by 2024 Tenn. Acts, ch. 1007,s 1, eff. 1/1/2025, app. to all costs submitted for reimbursement on or after July 1, 2011.
Amended by 2024 Tenn. Acts, ch. 862,s 1, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 613,s 10, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 613,s 5, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 613,s 6, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 574,s 1, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 363, s 7, eff. 5/5/2023.
Amended by 2022 Tenn. Acts, ch. 937, s 1, eff. 7/1/2022.
Amended by 2021 Tenn. Acts, ch. 508, s 1, eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 147, s 2, eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 492, s 2, eff. 5/25/2021.
Amended by 2019 Tenn. Acts, ch. 510, s 4, eff. 6/3/2019.
Amended by 2019 Tenn. Acts, ch. 36, s 19, eff. 7/1/2019.
Amended by 2018 Tenn. Acts, ch. 1052, Secs.s 4, s 5 eff. 7/1/2018.
Amended by 2018 Tenn. Acts, ch. 1052, s 3, eff. 7/1/2018.
Amended by 2017 Tenn. Acts, ch. 367, s 2, eff. 7/1/2017.
Amended by 2017 Tenn. Acts, ch. 292, s 2, eff. 7/1/2017.
Amended by 2017 Tenn. Acts, ch. 292, s 1, eff. 7/1/2017.
Amended by 2016 Tenn. Acts, ch. 979, s 4, eff. 7/1/2016.
Amended by 2014 Tenn. Acts, ch. 711, s 1, eff. 7/1/2014.
Acts 1970, ch. 600, § 2; 1973, ch. 81, § 3; 1975, ch. 326, § 1; 1976, ch. 425, § 1; 1977, ch. 87, § 1; 1977, ch. 482, § 1; 1978, ch. 543, § 1; 1978, ch. 704, § 3; 1979, ch. 271, § 1; 1979, ch. 289, § 2; 1980, ch. 796, § 1; 1980, ch. 838, § 3; 1981, ch. 120, § 1; 1981, ch. 316, §§ 1, 3; 1982, ch. 882, § 4; 1982, ch. 934, § 16; 1983, ch. 9, § 1; 1983, ch. 254, § 1; 1983, ch. 435, § 2; T.C.A., § 37-202; Acts 1984, ch. 789, § 5; 1985, ch. 441, § 1; 1985, ch. 478, § 30; 1989, ch. 278, §§ 29, 77; 1990, ch. 988, § 2; 1993, ch. 276, § 1; 1995, ch. 532, §§ 4-6; 1996, ch. 1079, §§ 73, 77-84, 183; 2000, ch. 947, § 8G; 2002, ch. 868, § 1; 2009 , ch. 235, § 1; 2009 , ch. 411, §§ 5-8, 10; 2010 , ch. 1065, § 4; 2011 , ch. 158, § 19; 2011 , ch. 314, §§ 3, 4; 2011 , ch. 486, § 1; 2012 , ch. 653, § 1.
Tenn. Code Ann. § 37-1-153 — TN Code / Title 37 / Chapter 1 / Section 37-1-153
Court files and records - Inspection limited - Exceptions for certain violent offenders - Confidentiality - Expunction
Status: in_force

(a) Except in cases arising under § 37-1-146 , all files and records of the court in a proceeding under this part are open to inspection only by: (1) The judge, officers and professional staff of the court; (2) The parties to the proceeding and their counsel and representatives; (3) A public or private agency or institution providing supervision or having custody of the child under order of the court; (4) A court and its probation and other officials or professional staff and the attorney for the defendant for use in preparing a presentence report in a criminal case in which the defendant is convicted and who prior thereto had been a party to the proceeding in juvenile court; (5) With permission of the court, any other person or agency or institution having a legitimate interest in the proceeding or in the work of the court; and (6) The Tennessee bureau of investigation for the limited purpose of performing a background check prior to the transfer of a firearm pursuant to § 37-1-190 or to determine eligibility for a handgun carry permit pursuant to § 37-1-190 and § 39-17-1351 or § 39-17-1366 . (b) Notwithstanding subsection (a), petitions and orders of the court in a delinquency proceeding under this part shall be opened to public inspection and their content subject to disclosure to the public if: (1) (A) The juvenile is fourteen (14) years of age or older at the time of the alleged act; and (B) The conduct constituting the delinquent act, if committed by an adult, would constitute first degree murder, second degree murder, rape, aggravated rape, aggravated sexual battery, rape of a child, aggravated rape of a child, aggravated robbery, especially aggravated robbery, kidnapping, aggravated kidnapping, or especially aggravated kidnapping; or (2) The conduct constituting the delinquent act, if committed by an adult, would constitute an act of terrorism, as defined by § 39-13-803 , or an attempt to commit an act of terrorism. (c) Notwithstanding the provisions of this section, if a court file or record contains any documents other than petitions and orders, including, but not limited to, a medical report, psychological evaluation or any other document, such document or record shall remain confidential. (d) (1) Except as otherwise permitted in this section, it is an offense for a person to intentionally disclose or disseminate to the public the files and records of the juvenile court, including the child's name and address. (2) A violation of this subsection (d) shall be punished as criminal contempt of court as otherwise authorized by law. (e) Notwithstanding other provisions of this section, where notice is required under § 49-6-3051 , an abstract of the appropriate adjudication contained in the court file or record shall be made and provided to the parent, guardian, or other custodian of the juvenile, including the department, and this abstract shall be presented to the school in which the juvenile is, or may be, enrolled, in compliance with § 49-6-3051 . (f) (1) Notwithstanding any law to the contrary, any person who is tried and adjudicated delinquent or unruly by a juvenile court may subsequently file a motion for expunction of all court files and the juvenile records. The court may order all or any portion of the requested expunction if, by clear and convincing evidence, the court finds that the movant: (A) (i) Is seventeen (17) years of age or older and is not currently prohibited from possessing or purchasing a firearm pursuant to § 37-1-190; (ii) Is at least one (1) year removed from the person's most recent delinquency or unruly adjudication; (iii) Has never been convicted of a criminal offense as an adult, has never been convicted of a criminal offense following transfer from juvenile court pursuant to § 37-1-134 , and has never been convicted of a sexual offense as defined in § 40-39-202 , whether in juvenile court, following transfer from juvenile court pursuant to § 37-1-134 , or as an adult; (iv) Does not have an adjudication of delinquency for a violent juvenile sexual offense as defined in § 40-39-202 ; and (v) Does not have an adjudication of delinquency for a delinquent act that if committed by an adult, would constitute an act of terrorism, as defined by § 39-13-803 , or an attempt to commit an act of terrorism; (B) Has maintained a consistent and exemplary pattern of responsible, productive and civic-minded conduct for one (1) or more years immediately preceding the filing of the expunction motion; and (C) Has made such an adjustment of circumstances that the court, in its discretion, believes that expunction serves the best interest of the child and the community. (2) Nothing in this subsection (f) shall be construed to apply to any law enforcement records, files, fingerprints or photographs pertaining to any delinquency or unruly adjudication. (3) Except as provided in subdivision (f)(13), in any case in which there is successful completion of an informal adjustment without adjudication under § 37-1-110 , the juvenile records shall be expunged by the juvenile court after one (1) year, upon the filing of a motion for expunction and without cost to the child. The court shall inform the child, at the time of the informal adjustment, of the need to file the motion for expunction after a year of successful completion of an informal adjustment and provide the child with a model expunction motion prepared by the administrative office of the courts. The administrative office of the courts shall create a motion that can be completed by a child and shall be circulated to all juvenile court clerks. All juvenile court clerks shall make this model expunction motion accessible to all movants. (4) Except as provided in subdivision (f)(13), in any case in which there is a successful completion of a pretrial diversion pursuant to § 37-1-110 , the juvenile record shall be expunged by the juvenile court after one (1) year, upon the filing of a motion for expunction and without cost to the child. The court shall inform the child, at the time of the pretrial diversion, of the need to file the motion for expunction after a year of successful completion of the pretrial diversion and provide the child with a model expunction motion prepared by the administrative office of the courts. All juvenile court clerks shall make this model expunction motion accessible to all movants. (5) Except as provided in subdivision (f)(13), in any case in which there is a successful completion of a judicial diversion pursuant to § 37-1-129 , the juvenile record shall be expunged by the juvenile court after one (1) year, upon the filing of a motion for expunction and without cost to the child. The court shall inform the child, at the time of the judicial diversion, of the need to file the motion for expunction after a year of successful completion of the judicial diversion and provide the child with a model expunction motion prepared by the administrative office of the courts. All juvenile court clerks shall make this model expunction motion accessible to all movants. (6) In any case that is dismissed, excluding a case dismissed after successful completion of an informal adjustment, pretrial diversion, or judicial diversion, the juvenile record shall be expunged by the juvenile court as a part of the court's order of dismissal, without the filing of a pleading for expunction, and at no cost to the child. (7) A motion for expunction may be filed prior to the one-year period outlined in subdivisions (f)(3), (f)(4), and (f)(5). If the motion is filed, the court may order all or any portion of the requested expunction if the court finds by clear and convincing evidence that the movant has successfully completed the informal adjustment or diversion and has made such an adjustment of circumstances that the court, in its discretion, determines that expunction serves the best interest of the child and the community. (8) In any case in which a child's juvenile record contains convictions solely for unruly adjudications or delinquency adjudications for offenses that would be misdemeanors if committed by an adult, the juvenile court shall expunge all court files and records after one (1) year from the child's completion of and discharge from any probation or conditions of supervision, upon the filing of a motion by the child. The court shall inform the child, at the time of adjudication, of the need to file a motion to expunge after a year from the successful completion of probation and provide the child with a model expunction motion prepared by the administrative office of the courts. The administrative office of the courts shall create a motion that can be completed by a child and shall circulate the motion to all juvenile court clerks. All juvenile court clerks shall make this model expunction motion accessible to all children. (9) The order of expunction, the original delinquent or unruly petition, and the order of adjudication and disposition under subdivisions (f)(1)-(8) shall be sealed and maintained by the clerk of the court in a locked file cabinet and kept separate from all other records. In courts that maintain a case management system capable of expunging a record and only allowing access to the system administrator, paper copies need not be maintained. The sealed orders and petition shall not be released to anyone except at the written request of the person whose records are expunged or in response to an order of a court with proper jurisdiction. Any person whose records are expunged under subdivisions (f)(1)-(8) shall be restored to the status that the person occupied before arrest, citation, the filing of a juvenile petition, or referral. Once a person's juvenile record is expunged, the person shall not be held criminally liable under any provision of state law to be guilty of perjury or otherwise giving a false statement by reason of the person's failure to recite or acknowledge such record or arrest in response to any inquiry made of the person for any purpose. (10) For purposes of this subsection (f), a juvenile record includes all documents, reports, and information received, kept, or maintained in any form, including electronic, by the juvenile court clerk or juvenile court staff relating to a delinquency or unruly case, with the exception of assessment reports under § 37-1-136 . (11) The court shall inform the child, at the time of adjudication, of the need to file a motion to expunge the child's juvenile record. The administrative office of the courts shall create a motion that can be completed by a child and shall be circulated to all juvenile court clerks. All juvenile court clerks shall make this model expunction motion accessible to all children. (12) The court may order all or any portion of a juvenile's court files and juvenile records expunged if: (A) The juvenile is tried and adjudicated delinquent or unruly by a juvenile court for conduct that would constitute the offense of prostitution under § 39-13-513 or aggravated prostitution under § 39-13-516 if committed by an adult; (B) The court finds that the conduct upon which the adjudication is based was found to have occurred as a result of the person being a victim of human trafficking under § 39-13-314 ; and (C) The juvenile has filed a motion for expunction of all court files and juvenile records. (13) A juvenile court shall not expunge a juvenile record following successful completion of an informal adjustment under § 37-1-110 , pretrial diversion under § 37-1-110 , or judicial diversion under § 37-1-129 , if the child was accused of a delinquent act that if committed by an adult, would constitute an act of terrorism, as defined by § 39-13-803 , or an attempt to commit an act of terrorism. Amended by 2024 Tenn. Acts, ch. 973,s 6, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 973,s 7, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 973,s 5, eff. 7/1/2024. Amended by 2020 Tenn. Acts, ch. 806, Secs.s 3, s 4, s 5 eff. 10/1/2020. Amended by 2020 Tenn. Acts, ch. 806, s 2, eff. 10/1/2020. Amended by 2019 Tenn. Acts, ch. 177, s 1, eff. 4/23/2019. Amended by 2018 Tenn. Acts, ch. 1018, s 1, eff. 7/1/2018. Amended by 2017 Tenn. Acts, ch. 199, Secs.s 1, s 2, s 3, s 4, s 5, s 6 eff. 7/1/2017. Amended by 2017 Tenn. Acts, ch. 197, Secs.s 1, s 2 eff. 7/1/2017. Amended by 2017 Tenn. Acts, ch. 196, s 1, eff. 7/1/2017. Amended by 2016 Tenn. Acts, ch. 1017, Secs.s 1, s 2, s 3, s 4 eff. 4/28/2016. Acts 1970, ch. 600, § 51; T.C.A., § 37-251; Acts 1994, ch. 998, § 1; 1999, ch. 366, § 1; 2003 , ch. 238, § 2; 2005, ch. 265, § 4; 2005, ch. 412, § 1; 2007 , ch. 552, § 1; 2011 , ch. 483, § 2.
(a) Except in cases arising under § 37-1-146 , all files and records of the court in a proceeding under this part are open to inspection only by: (1) The judge, officers and professional staff of the court; (2) The parties to the proceeding and their counsel and representatives; (3) A public or private agency or institution providing supervision or having custody of the child under order of the court; (4) A court and its probation and other officials or professional staff and the attorney for the defendant for use in preparing a presentence report in a criminal case in which the defendant is convicted and who prior thereto had been a party to the proceeding in juvenile court; (5) With permission of the court, any other person or agency or institution having a legitimate interest in the proceeding or in the work of the court; and (6) The Tennessee bureau of investigation for the limited purpose of performing a background check prior to the transfer of a firearm pursuant to § 37-1-190 or to determine eligibility for a handgun carry permit pursuant to § 37-1-190 and § 39-17-1351 or § 39-17-1366 .
(1) The judge, officers and professional staff of the court;
(2) The parties to the proceeding and their counsel and representatives;
(3) A public or private agency or institution providing supervision or having custody of the child under order of the court;
(4) A court and its probation and other officials or professional staff and the attorney for the defendant for use in preparing a presentence report in a criminal case in which the defendant is convicted and who prior thereto had been a party to the proceeding in juvenile court;
(5) With permission of the court, any other person or agency or institution having a legitimate interest in the proceeding or in the work of the court; and
(6) The Tennessee bureau of investigation for the limited purpose of performing a background check prior to the transfer of a firearm pursuant to § 37-1-190 or to determine eligibility for a handgun carry permit pursuant to § 37-1-190 and § 39-17-1351 or § 39-17-1366 .
(b) Notwithstanding subsection (a), petitions and orders of the court in a delinquency proceeding under this part shall be opened to public inspection and their content subject to disclosure to the public if: (1) (A) The juvenile is fourteen (14) years of age or older at the time of the alleged act; and (B) The conduct constituting the delinquent act, if committed by an adult, would constitute first degree murder, second degree murder, rape, aggravated rape, aggravated sexual battery, rape of a child, aggravated rape of a child, aggravated robbery, especially aggravated robbery, kidnapping, aggravated kidnapping, or especially aggravated kidnapping; or (2) The conduct constituting the delinquent act, if committed by an adult, would constitute an act of terrorism, as defined by § 39-13-803 , or an attempt to commit an act of terrorism.
(1) (A) The juvenile is fourteen (14) years of age or older at the time of the alleged act; and (B) The conduct constituting the delinquent act, if committed by an adult, would constitute first degree murder, second degree murder, rape, aggravated rape, aggravated sexual battery, rape of a child, aggravated rape of a child, aggravated robbery, especially aggravated robbery, kidnapping, aggravated kidnapping, or especially aggravated kidnapping; or
(A) The juvenile is fourteen (14) years of age or older at the time of the alleged act; and
(B) The conduct constituting the delinquent act, if committed by an adult, would constitute first degree murder, second degree murder, rape, aggravated rape, aggravated sexual battery, rape of a child, aggravated rape of a child, aggravated robbery, especially aggravated robbery, kidnapping, aggravated kidnapping, or especially aggravated kidnapping; or
(2) The conduct constituting the delinquent act, if committed by an adult, would constitute an act of terrorism, as defined by § 39-13-803 , or an attempt to commit an act of terrorism.
(c) Notwithstanding the provisions of this section, if a court file or record contains any documents other than petitions and orders, including, but not limited to, a medical report, psychological evaluation or any other document, such document or record shall remain confidential.
(d) (1) Except as otherwise permitted in this section, it is an offense for a person to intentionally disclose or disseminate to the public the files and records of the juvenile court, including the child's name and address. (2) A violation of this subsection (d) shall be punished as criminal contempt of court as otherwise authorized by law.
(1) Except as otherwise permitted in this section, it is an offense for a person to intentionally disclose or disseminate to the public the files and records of the juvenile court, including the child's name and address.
(2) A violation of this subsection (d) shall be punished as criminal contempt of court as otherwise authorized by law.
(e) Notwithstanding other provisions of this section, where notice is required under § 49-6-3051 , an abstract of the appropriate adjudication contained in the court file or record shall be made and provided to the parent, guardian, or other custodian of the juvenile, including the department, and this abstract shall be presented to the school in which the juvenile is, or may be, enrolled, in compliance with § 49-6-3051 .
(f) (1) Notwithstanding any law to the contrary, any person who is tried and adjudicated delinquent or unruly by a juvenile court may subsequently file a motion for expunction of all court files and the juvenile records. The court may order all or any portion of the requested expunction if, by clear and convincing evidence, the court finds that the movant: (A) (i) Is seventeen (17) years of age or older and is not currently prohibited from possessing or purchasing a firearm pursuant to § 37-1-190; (ii) Is at least one (1) year removed from the person's most recent delinquency or unruly adjudication; (iii) Has never been convicted of a criminal offense as an adult, has never been convicted of a criminal offense following transfer from juvenile court pursuant to § 37-1-134 , and has never been convicted of a sexual offense as defined in § 40-39-202 , whether in juvenile court, following transfer from juvenile court pursuant to § 37-1-134 , or as an adult; (iv) Does not have an adjudication of delinquency for a violent juvenile sexual offense as defined in § 40-39-202 ; and (v) Does not have an adjudication of delinquency for a delinquent act that if committed by an adult, would constitute an act of terrorism, as defined by § 39-13-803 , or an attempt to commit an act of terrorism; (B) Has maintained a consistent and exemplary pattern of responsible, productive and civic-minded conduct for one (1) or more years immediately preceding the filing of the expunction motion; and (C) Has made such an adjustment of circumstances that the court, in its discretion, believes that expunction serves the best interest of the child and the community. (2) Nothing in this subsection (f) shall be construed to apply to any law enforcement records, files, fingerprints or photographs pertaining to any delinquency or unruly adjudication. (3) Except as provided in subdivision (f)(13), in any case in which there is successful completion of an informal adjustment without adjudication under § 37-1-110 , the juvenile records shall be expunged by the juvenile court after one (1) year, upon the filing of a motion for expunction and without cost to the child. The court shall inform the child, at the time of the informal adjustment, of the need to file the motion for expunction after a year of successful completion of an informal adjustment and provide the child with a model expunction motion prepared by the administrative office of the courts. The administrative office of the courts shall create a motion that can be completed by a child and shall be circulated to all juvenile court clerks. All juvenile court clerks shall make this model expunction motion accessible to all movants. (4) Except as provided in subdivision (f)(13), in any case in which there is a successful completion of a pretrial diversion pursuant to § 37-1-110 , the juvenile record shall be expunged by the juvenile court after one (1) year, upon the filing of a motion for expunction and without cost to the child. The court shall inform the child, at the time of the pretrial diversion, of the need to file the motion for expunction after a year of successful completion of the pretrial diversion and provide the child with a model expunction motion prepared by the administrative office of the courts. All juvenile court clerks shall make this model expunction motion accessible to all movants. (5) Except as provided in subdivision (f)(13), in any case in which there is a successful completion of a judicial diversion pursuant to § 37-1-129 , the juvenile record shall be expunged by the juvenile court after one (1) year, upon the filing of a motion for expunction and without cost to the child. The court shall inform the child, at the time of the judicial diversion, of the need to file the motion for expunction after a year of successful completion of the judicial diversion and provide the child with a model expunction motion prepared by the administrative office of the courts. All juvenile court clerks shall make this model expunction motion accessible to all movants. (6) In any case that is dismissed, excluding a case dismissed after successful completion of an informal adjustment, pretrial diversion, or judicial diversion, the juvenile record shall be expunged by the juvenile court as a part of the court's order of dismissal, without the filing of a pleading for expunction, and at no cost to the child. (7) A motion for expunction may be filed prior to the one-year period outlined in subdivisions (f)(3), (f)(4), and (f)(5). If the motion is filed, the court may order all or any portion of the requested expunction if the court finds by clear and convincing evidence that the movant has successfully completed the informal adjustment or diversion and has made such an adjustment of circumstances that the court, in its discretion, determines that expunction serves the best interest of the child and the community. (8) In any case in which a child's juvenile record contains convictions solely for unruly adjudications or delinquency adjudications for offenses that would be misdemeanors if committed by an adult, the juvenile court shall expunge all court files and records after one (1) year from the child's completion of and discharge from any probation or conditions of supervision, upon the filing of a motion by the child. The court shall inform the child, at the time of adjudication, of the need to file a motion to expunge after a year from the successful completion of probation and provide the child with a model expunction motion prepared by the administrative office of the courts. The administrative office of the courts shall create a motion that can be completed by a child and shall circulate the motion to all juvenile court clerks. All juvenile court clerks shall make this model expunction motion accessible to all children. (9) The order of expunction, the original delinquent or unruly petition, and the order of adjudication and disposition under subdivisions (f)(1)-(8) shall be sealed and maintained by the clerk of the court in a locked file cabinet and kept separate from all other records. In courts that maintain a case management system capable of expunging a record and only allowing access to the system administrator, paper copies need not be maintained. The sealed orders and petition shall not be released to anyone except at the written request of the person whose records are expunged or in response to an order of a court with proper jurisdiction. Any person whose records are expunged under subdivisions (f)(1)-(8) shall be restored to the status that the person occupied before arrest, citation, the filing of a juvenile petition, or referral. Once a person's juvenile record is expunged, the person shall not be held criminally liable under any provision of state law to be guilty of perjury or otherwise giving a false statement by reason of the person's failure to recite or acknowledge such record or arrest in response to any inquiry made of the person for any purpose. (10) For purposes of this subsection (f), a juvenile record includes all documents, reports, and information received, kept, or maintained in any form, including electronic, by the juvenile court clerk or juvenile court staff relating to a delinquency or unruly case, with the exception of assessment reports under § 37-1-136 . (11) The court shall inform the child, at the time of adjudication, of the need to file a motion to expunge the child's juvenile record. The administrative office of the courts shall create a motion that can be completed by a child and shall be circulated to all juvenile court clerks. All juvenile court clerks shall make this model expunction motion accessible to all children. (12) The court may order all or any portion of a juvenile's court files and juvenile records expunged if: (A) The juvenile is tried and adjudicated delinquent or unruly by a juvenile court for conduct that would constitute the offense of prostitution under § 39-13-513 or aggravated prostitution under § 39-13-516 if committed by an adult; (B) The court finds that the conduct upon which the adjudication is based was found to have occurred as a result of the person being a victim of human trafficking under § 39-13-314 ; and (C) The juvenile has filed a motion for expunction of all court files and juvenile records. (13) A juvenile court shall not expunge a juvenile record following successful completion of an informal adjustment under § 37-1-110 , pretrial diversion under § 37-1-110 , or judicial diversion under § 37-1-129 , if the child was accused of a delinquent act that if committed by an adult, would constitute an act of terrorism, as defined by § 39-13-803 , or an attempt to commit an act of terrorism.
(1) Notwithstanding any law to the contrary, any person who is tried and adjudicated delinquent or unruly by a juvenile court may subsequently file a motion for expunction of all court files and the juvenile records. The court may order all or any portion of the requested expunction if, by clear and convincing evidence, the court finds that the movant: (A) (i) Is seventeen (17) years of age or older and is not currently prohibited from possessing or purchasing a firearm pursuant to § 37-1-190; (ii) Is at least one (1) year removed from the person's most recent delinquency or unruly adjudication; (iii) Has never been convicted of a criminal offense as an adult, has never been convicted of a criminal offense following transfer from juvenile court pursuant to § 37-1-134 , and has never been convicted of a sexual offense as defined in § 40-39-202 , whether in juvenile court, following transfer from juvenile court pursuant to § 37-1-134 , or as an adult; (iv) Does not have an adjudication of delinquency for a violent juvenile sexual offense as defined in § 40-39-202 ; and (v) Does not have an adjudication of delinquency for a delinquent act that if committed by an adult, would constitute an act of terrorism, as defined by § 39-13-803 , or an attempt to commit an act of terrorism; (B) Has maintained a consistent and exemplary pattern of responsible, productive and civic-minded conduct for one (1) or more years immediately preceding the filing of the expunction motion; and (C) Has made such an adjustment of circumstances that the court, in its discretion, believes that expunction serves the best interest of the child and the community.
(A) (i) Is seventeen (17) years of age or older and is not currently prohibited from possessing or purchasing a firearm pursuant to § 37-1-190; (ii) Is at least one (1) year removed from the person's most recent delinquency or unruly adjudication; (iii) Has never been convicted of a criminal offense as an adult, has never been convicted of a criminal offense following transfer from juvenile court pursuant to § 37-1-134 , and has never been convicted of a sexual offense as defined in § 40-39-202 , whether in juvenile court, following transfer from juvenile court pursuant to § 37-1-134 , or as an adult; (iv) Does not have an adjudication of delinquency for a violent juvenile sexual offense as defined in § 40-39-202 ; and (v) Does not have an adjudication of delinquency for a delinquent act that if committed by an adult, would constitute an act of terrorism, as defined by § 39-13-803 , or an attempt to commit an act of terrorism;
(i) Is seventeen (17) years of age or older and is not currently prohibited from possessing or purchasing a firearm pursuant to § 37-1-190;
(ii) Is at least one (1) year removed from the person's most recent delinquency or unruly adjudication;
(iii) Has never been convicted of a criminal offense as an adult, has never been convicted of a criminal offense following transfer from juvenile court pursuant to § 37-1-134 , and has never been convicted of a sexual offense as defined in § 40-39-202 , whether in juvenile court, following transfer from juvenile court pursuant to § 37-1-134 , or as an adult;
(iv) Does not have an adjudication of delinquency for a violent juvenile sexual offense as defined in § 40-39-202 ; and
(v) Does not have an adjudication of delinquency for a delinquent act that if committed by an adult, would constitute an act of terrorism, as defined by § 39-13-803 , or an attempt to commit an act of terrorism;
(B) Has maintained a consistent and exemplary pattern of responsible, productive and civic-minded conduct for one (1) or more years immediately preceding the filing of the expunction motion; and
(C) Has made such an adjustment of circumstances that the court, in its discretion, believes that expunction serves the best interest of the child and the community.
(2) Nothing in this subsection (f) shall be construed to apply to any law enforcement records, files, fingerprints or photographs pertaining to any delinquency or unruly adjudication.
(3) Except as provided in subdivision (f)(13), in any case in which there is successful completion of an informal adjustment without adjudication under § 37-1-110 , the juvenile records shall be expunged by the juvenile court after one (1) year, upon the filing of a motion for expunction and without cost to the child. The court shall inform the child, at the time of the informal adjustment, of the need to file the motion for expunction after a year of successful completion of an informal adjustment and provide the child with a model expunction motion prepared by the administrative office of the courts. The administrative office of the courts shall create a motion that can be completed by a child and shall be circulated to all juvenile court clerks. All juvenile court clerks shall make this model expunction motion accessible to all movants.
(4) Except as provided in subdivision (f)(13), in any case in which there is a successful completion of a pretrial diversion pursuant to § 37-1-110 , the juvenile record shall be expunged by the juvenile court after one (1) year, upon the filing of a motion for expunction and without cost to the child. The court shall inform the child, at the time of the pretrial diversion, of the need to file the motion for expunction after a year of successful completion of the pretrial diversion and provide the child with a model expunction motion prepared by the administrative office of the courts. All juvenile court clerks shall make this model expunction motion accessible to all movants.
(5) Except as provided in subdivision (f)(13), in any case in which there is a successful completion of a judicial diversion pursuant to § 37-1-129 , the juvenile record shall be expunged by the juvenile court after one (1) year, upon the filing of a motion for expunction and without cost to the child. The court shall inform the child, at the time of the judicial diversion, of the need to file the motion for expunction after a year of successful completion of the judicial diversion and provide the child with a model expunction motion prepared by the administrative office of the courts. All juvenile court clerks shall make this model expunction motion accessible to all movants.
(6) In any case that is dismissed, excluding a case dismissed after successful completion of an informal adjustment, pretrial diversion, or judicial diversion, the juvenile record shall be expunged by the juvenile court as a part of the court's order of dismissal, without the filing of a pleading for expunction, and at no cost to the child.
(7) A motion for expunction may be filed prior to the one-year period outlined in subdivisions (f)(3), (f)(4), and (f)(5). If the motion is filed, the court may order all or any portion of the requested expunction if the court finds by clear and convincing evidence that the movant has successfully completed the informal adjustment or diversion and has made such an adjustment of circumstances that the court, in its discretion, determines that expunction serves the best interest of the child and the community.
(8) In any case in which a child's juvenile record contains convictions solely for unruly adjudications or delinquency adjudications for offenses that would be misdemeanors if committed by an adult, the juvenile court shall expunge all court files and records after one (1) year from the child's completion of and discharge from any probation or conditions of supervision, upon the filing of a motion by the child. The court shall inform the child, at the time of adjudication, of the need to file a motion to expunge after a year from the successful completion of probation and provide the child with a model expunction motion prepared by the administrative office of the courts. The administrative office of the courts shall create a motion that can be completed by a child and shall circulate the motion to all juvenile court clerks. All juvenile court clerks shall make this model expunction motion accessible to all children.
(9) The order of expunction, the original delinquent or unruly petition, and the order of adjudication and disposition under subdivisions (f)(1)-(8) shall be sealed and maintained by the clerk of the court in a locked file cabinet and kept separate from all other records. In courts that maintain a case management system capable of expunging a record and only allowing access to the system administrator, paper copies need not be maintained. The sealed orders and petition shall not be released to anyone except at the written request of the person whose records are expunged or in response to an order of a court with proper jurisdiction. Any person whose records are expunged under subdivisions (f)(1)-(8) shall be restored to the status that the person occupied before arrest, citation, the filing of a juvenile petition, or referral. Once a person's juvenile record is expunged, the person shall not be held criminally liable under any provision of state law to be guilty of perjury or otherwise giving a false statement by reason of the person's failure to recite or acknowledge such record or arrest in response to any inquiry made of the person for any purpose.
(10) For purposes of this subsection (f), a juvenile record includes all documents, reports, and information received, kept, or maintained in any form, including electronic, by the juvenile court clerk or juvenile court staff relating to a delinquency or unruly case, with the exception of assessment reports under § 37-1-136 .
(11) The court shall inform the child, at the time of adjudication, of the need to file a motion to expunge the child's juvenile record. The administrative office of the courts shall create a motion that can be completed by a child and shall be circulated to all juvenile court clerks. All juvenile court clerks shall make this model expunction motion accessible to all children.
(12) The court may order all or any portion of a juvenile's court files and juvenile records expunged if: (A) The juvenile is tried and adjudicated delinquent or unruly by a juvenile court for conduct that would constitute the offense of prostitution under § 39-13-513 or aggravated prostitution under § 39-13-516 if committed by an adult; (B) The court finds that the conduct upon which the adjudication is based was found to have occurred as a result of the person being a victim of human trafficking under § 39-13-314 ; and (C) The juvenile has filed a motion for expunction of all court files and juvenile records.
(A) The juvenile is tried and adjudicated delinquent or unruly by a juvenile court for conduct that would constitute the offense of prostitution under § 39-13-513 or aggravated prostitution under § 39-13-516 if committed by an adult;
(B) The court finds that the conduct upon which the adjudication is based was found to have occurred as a result of the person being a victim of human trafficking under § 39-13-314 ; and
(C) The juvenile has filed a motion for expunction of all court files and juvenile records.
(13) A juvenile court shall not expunge a juvenile record following successful completion of an informal adjustment under § 37-1-110 , pretrial diversion under § 37-1-110 , or judicial diversion under § 37-1-129 , if the child was accused of a delinquent act that if committed by an adult, would constitute an act of terrorism, as defined by § 39-13-803 , or an attempt to commit an act of terrorism.
Amended by 2024 Tenn. Acts, ch. 973,s 6, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 973,s 7, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 973,s 5, eff. 7/1/2024.
Amended by 2020 Tenn. Acts, ch. 806, Secs.s 3, s 4, s 5 eff. 10/1/2020.
Amended by 2020 Tenn. Acts, ch. 806, s 2, eff. 10/1/2020.
Amended by 2019 Tenn. Acts, ch. 177, s 1, eff. 4/23/2019.
Amended by 2018 Tenn. Acts, ch. 1018, s 1, eff. 7/1/2018.
Amended by 2017 Tenn. Acts, ch. 199, Secs.s 1, s 2, s 3, s 4, s 5, s 6 eff. 7/1/2017.
Amended by 2017 Tenn. Acts, ch. 197, Secs.s 1, s 2 eff. 7/1/2017.
Amended by 2017 Tenn. Acts, ch. 196, s 1, eff. 7/1/2017.
Amended by 2016 Tenn. Acts, ch. 1017, Secs.s 1, s 2, s 3, s 4 eff. 4/28/2016.
Acts 1970, ch. 600, § 51; T.C.A., § 37-251; Acts 1994, ch. 998, § 1; 1999, ch. 366, § 1; 2003 , ch. 238, § 2; 2005, ch. 265, § 4; 2005, ch. 412, § 1; 2007 , ch. 552, § 1; 2011 , ch. 483, § 2.
Tenn. Code Ann. § 37-5-121 — TN Code / Title 37 / Chapter 5 / Section 37-5-121
Pilot programs - Evidence-based programs for the prevention, treatment or care of delinquent juveniles
Status: in_force

(a) As used in this section, unless the context otherwise requires: (1) "Evidence-based" means policies, procedures, programs, and practices demonstrated by scientific research to reliably produce reductions in recidivism or has been rated as effective by a standardized program evaluation tool; (2) "Pilot program" means a temporary research-based or theory-based program or project that is eligible for funding from any source to determine whether or not evidence supports its continuation beyond the fixed evaluation period. A pilot program shall provide for and include: (A) Development of a program manual or protocol that specifies the nature, quality, and amount of service that constitutes the program; and (B) Scientific research using methods that meet high scientific standards for evaluating the effects of such programs must demonstrate on at least an annual basis whether or not the program improves client outcomes central to the purpose of the program; (3) "Research-based" means a program or practice that has some research demonstrating effectiveness, but that does not yet meet the standard of evidence-based; and (4) "Theory-based" means a program or practice that has general support among treatment providers and experts, based on experience or professional literature, may have anecdotal or case-study support, and has potential for becoming a research-based program or practice. (b) The department of children's services, and any other state agency that administers funds related to the prevention, treatment or care of delinquent juveniles, shall not expend state funds on any juvenile justice program or program related to the prevention, treatment or care of delinquent juveniles, including any service model or delivery system in any form or by any name, unless the program is evidence-based. The department shall continue the ongoing research and evaluation of sound, theory-based and research-based programs with the goal of identifying and expanding the number and type of available evidence-based programs, and to that end the department may engage in and fund pilot programs as defined in this section. (c) Implementation of programs shall be accompanied by monitoring and quality control procedures designed to ensure that they are delivered as prescribed in the applicable program manual or protocol and that corrective action shall be taken when those standards are not met. (d) The department shall include in any contract with a provider of services related to prevention, treatment or care of delinquent juveniles a provision affirming that the provider shall provide only evidence-based services, except for services that are being provided pursuant to a pilot program as defined in this section, and that the services shall be accompanied by monitoring and quality control procedures that ensure that they are delivered according to the applicable standards. The department may use performance requirements or incentives in determining the amounts payable in contracts or grants. (e) In order to prevent undue disturbance to existing department programs, the department shall ensure that twenty-five percent (25%) of the funds expended for delinquent juveniles meet the requirements of this section during fiscal year 2009-2010, that fifty percent (50%) of such funds meet the requirements of this section during fiscal year 2010-2011, that seventy-five percent (75%) of such funds meet the requirements of this section during fiscal year 2011-2012, and that one hundred percent (100%) of such funds meet the requirements of this section during fiscal year 2012-2013 and each fiscal year thereafter. (f) The commissioner is authorized to promulgate rules and regulations to effectuate the purposes of this section. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Amended by 2018 Tenn. Acts, ch. 1052,s 53, eff. 7/1/2018. Acts 2007, ch. 585, §§ 1-3; 2011, ch. 410, § 3(s).
(a) As used in this section, unless the context otherwise requires: (1) "Evidence-based" means policies, procedures, programs, and practices demonstrated by scientific research to reliably produce reductions in recidivism or has been rated as effective by a standardized program evaluation tool; (2) "Pilot program" means a temporary research-based or theory-based program or project that is eligible for funding from any source to determine whether or not evidence supports its continuation beyond the fixed evaluation period. A pilot program shall provide for and include: (A) Development of a program manual or protocol that specifies the nature, quality, and amount of service that constitutes the program; and (B) Scientific research using methods that meet high scientific standards for evaluating the effects of such programs must demonstrate on at least an annual basis whether or not the program improves client outcomes central to the purpose of the program; (3) "Research-based" means a program or practice that has some research demonstrating effectiveness, but that does not yet meet the standard of evidence-based; and (4) "Theory-based" means a program or practice that has general support among treatment providers and experts, based on experience or professional literature, may have anecdotal or case-study support, and has potential for becoming a research-based program or practice.
(1) "Evidence-based" means policies, procedures, programs, and practices demonstrated by scientific research to reliably produce reductions in recidivism or has been rated as effective by a standardized program evaluation tool;
(2) "Pilot program" means a temporary research-based or theory-based program or project that is eligible for funding from any source to determine whether or not evidence supports its continuation beyond the fixed evaluation period. A pilot program shall provide for and include: (A) Development of a program manual or protocol that specifies the nature, quality, and amount of service that constitutes the program; and (B) Scientific research using methods that meet high scientific standards for evaluating the effects of such programs must demonstrate on at least an annual basis whether or not the program improves client outcomes central to the purpose of the program;
(A) Development of a program manual or protocol that specifies the nature, quality, and amount of service that constitutes the program; and
(B) Scientific research using methods that meet high scientific standards for evaluating the effects of such programs must demonstrate on at least an annual basis whether or not the program improves client outcomes central to the purpose of the program;
(3) "Research-based" means a program or practice that has some research demonstrating effectiveness, but that does not yet meet the standard of evidence-based; and
(4) "Theory-based" means a program or practice that has general support among treatment providers and experts, based on experience or professional literature, may have anecdotal or case-study support, and has potential for becoming a research-based program or practice.
(b) The department of children's services, and any other state agency that administers funds related to the prevention, treatment or care of delinquent juveniles, shall not expend state funds on any juvenile justice program or program related to the prevention, treatment or care of delinquent juveniles, including any service model or delivery system in any form or by any name, unless the program is evidence-based. The department shall continue the ongoing research and evaluation of sound, theory-based and research-based programs with the goal of identifying and expanding the number and type of available evidence-based programs, and to that end the department may engage in and fund pilot programs as defined in this section.
(c) Implementation of programs shall be accompanied by monitoring and quality control procedures designed to ensure that they are delivered as prescribed in the applicable program manual or protocol and that corrective action shall be taken when those standards are not met.
(d) The department shall include in any contract with a provider of services related to prevention, treatment or care of delinquent juveniles a provision affirming that the provider shall provide only evidence-based services, except for services that are being provided pursuant to a pilot program as defined in this section, and that the services shall be accompanied by monitoring and quality control procedures that ensure that they are delivered according to the applicable standards. The department may use performance requirements or incentives in determining the amounts payable in contracts or grants.
(e) In order to prevent undue disturbance to existing department programs, the department shall ensure that twenty-five percent (25%) of the funds expended for delinquent juveniles meet the requirements of this section during fiscal year 2009-2010, that fifty percent (50%) of such funds meet the requirements of this section during fiscal year 2010-2011, that seventy-five percent (75%) of such funds meet the requirements of this section during fiscal year 2011-2012, and that one hundred percent (100%) of such funds meet the requirements of this section during fiscal year 2012-2013 and each fiscal year thereafter.
(f) The commissioner is authorized to promulgate rules and regulations to effectuate the purposes of this section. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Amended by 2018 Tenn. Acts, ch. 1052,s 53, eff. 7/1/2018.
Acts 2007, ch. 585, §§ 1-3; 2011, ch. 410, § 3(s).
Tenn. Code Ann. § 37-3-803 — TN Code / Title 37 / Chapter 3 / Section 37-3-803
Creation - Findings and recommendations - Duties - Reports
Status: in_force

(a) There is created the Tennessee second look commission. The commission shall review an appropriate sampling of cases involving a second or subsequent incident of severe child abuse in order to provide recommendations and findings to the general assembly regarding whether or not severe child abuse cases are handled in a manner that provides adequate protection to the children of this state. (b) The commission's findings and recommendations shall address all stages of investigating and attempting to remedy severe child abuse, including but not limited to: (1) The reporting, investigating and referring of alleged severe child abuse cases by state agencies and others; (2) The risk of severe child abuse victims being returned to the custody of the child's abuser or placed by the state in an environment where the child is at risk of being abused a second or subsequent time; (3) The procedures used by juvenile courts and courts exercising jurisdiction over criminal and civil child abuse, neglect and endangerment cases; (4) The laws, rules, or guidelines used to determine whether or not an alleged perpetrator of severe child abuse is to be prosecuted; (5) The causes of severe child abuse in Tennessee and any preventative measures that would reduce the number of severe child abuse cases in this state; (6) The manner in which severe child abuse data is collected and used by multiple agencies within the state; and (7) The representation provided to severe child abuse victims, including but not limited to, representation provided by attorneys, guardians and advocates. (c) The commission may: (1) Promulgate bylaws to provide for the election of commission officers, establishment of committees, meetings, and other matters relating to commission functions; (2) Request and receive the cooperation of other state departments and agencies in carrying out the duties of this part; and (3) Hold hearings, hear testimony, and conduct research and other appropriate activities. (d) (1) The commission shall provide a report to the general assembly on the commission's progress in fulfilling its duties set out in this section no later than January 1, 2011. (2) The commission shall provide a report detailing the commission's findings and recommendations from a review of the appropriate sampling no later than January 1, 2012, and annually thereafter, to the general assembly. Such report shall be submitted to the governor, the judiciary and health and welfare committees of the senate and the civil justice committee of the house of representatives. Amended by 2021 Tenn. Acts, ch. 64, s 32, eff. 3/29/2021. Amended by 2019 Tenn. Acts, ch. 345, s 42, eff. 5/10/2019. Amended by 2013 Tenn. Acts, ch. 236, s 80, eff. 4/19/2013. Acts 2010 , ch. 1060, § 1; 2011 , ch. 410, § 3(p).
(a) There is created the Tennessee second look commission. The commission shall review an appropriate sampling of cases involving a second or subsequent incident of severe child abuse in order to provide recommendations and findings to the general assembly regarding whether or not severe child abuse cases are handled in a manner that provides adequate protection to the children of this state.
(b) The commission's findings and recommendations shall address all stages of investigating and attempting to remedy severe child abuse, including but not limited to: (1) The reporting, investigating and referring of alleged severe child abuse cases by state agencies and others; (2) The risk of severe child abuse victims being returned to the custody of the child's abuser or placed by the state in an environment where the child is at risk of being abused a second or subsequent time; (3) The procedures used by juvenile courts and courts exercising jurisdiction over criminal and civil child abuse, neglect and endangerment cases; (4) The laws, rules, or guidelines used to determine whether or not an alleged perpetrator of severe child abuse is to be prosecuted; (5) The causes of severe child abuse in Tennessee and any preventative measures that would reduce the number of severe child abuse cases in this state; (6) The manner in which severe child abuse data is collected and used by multiple agencies within the state; and (7) The representation provided to severe child abuse victims, including but not limited to, representation provided by attorneys, guardians and advocates.
(1) The reporting, investigating and referring of alleged severe child abuse cases by state agencies and others;
(2) The risk of severe child abuse victims being returned to the custody of the child's abuser or placed by the state in an environment where the child is at risk of being abused a second or subsequent time;
(3) The procedures used by juvenile courts and courts exercising jurisdiction over criminal and civil child abuse, neglect and endangerment cases;
(4) The laws, rules, or guidelines used to determine whether or not an alleged perpetrator of severe child abuse is to be prosecuted;
(5) The causes of severe child abuse in Tennessee and any preventative measures that would reduce the number of severe child abuse cases in this state;
(6) The manner in which severe child abuse data is collected and used by multiple agencies within the state; and
(7) The representation provided to severe child abuse victims, including but not limited to, representation provided by attorneys, guardians and advocates.
(c) The commission may: (1) Promulgate bylaws to provide for the election of commission officers, establishment of committees, meetings, and other matters relating to commission functions; (2) Request and receive the cooperation of other state departments and agencies in carrying out the duties of this part; and (3) Hold hearings, hear testimony, and conduct research and other appropriate activities.
(1) Promulgate bylaws to provide for the election of commission officers, establishment of committees, meetings, and other matters relating to commission functions;
(2) Request and receive the cooperation of other state departments and agencies in carrying out the duties of this part; and
(3) Hold hearings, hear testimony, and conduct research and other appropriate activities.
(d) (1) The commission shall provide a report to the general assembly on the commission's progress in fulfilling its duties set out in this section no later than January 1, 2011. (2) The commission shall provide a report detailing the commission's findings and recommendations from a review of the appropriate sampling no later than January 1, 2012, and annually thereafter, to the general assembly. Such report shall be submitted to the governor, the judiciary and health and welfare committees of the senate and the civil justice committee of the house of representatives.
(1) The commission shall provide a report to the general assembly on the commission's progress in fulfilling its duties set out in this section no later than January 1, 2011.
(2) The commission shall provide a report detailing the commission's findings and recommendations from a review of the appropriate sampling no later than January 1, 2012, and annually thereafter, to the general assembly. Such report shall be submitted to the governor, the judiciary and health and welfare committees of the senate and the civil justice committee of the house of representatives.
Amended by 2021 Tenn. Acts, ch. 64, s 32, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 345, s 42, eff. 5/10/2019.
Amended by 2013 Tenn. Acts, ch. 236, s 80, eff. 4/19/2013.
Acts 2010 , ch. 1060, § 1; 2011 , ch. 410, § 3(p).
Tenn. Code Ann. § 37-1-124 — TN Code / Title 37 / Chapter 1 / Section 37-1-124
Conduct of hearing
Status: in_force

(a) Except as provided in subsection (d), hearings pursuant to this part shall be conducted by the court without a jury, in an informal but orderly manner, separate from other proceedings not included in § 37-1-103 . (b) The district attorney general or city or county attorney, or any attorney, upon request of the court, shall present the evidence in support of the petition and otherwise conduct the proceedings on behalf of the state. (c) Minutes of all proceedings shall be kept by the court. (d) (1) If a juvenile is alleged to have committed an act that would require the juvenile to be classified as a serious youthful offender pursuant to § 37-1-131(g) , then the juvenile has a right to a jury trial at the adjudication hearing. (2) The juvenile must be advised of the right to a jury trial by the juvenile court. (3) The right to a jury trial may be waived by the juvenile only after the juvenile has been advised of the juvenile's right to a trial by jury and after consultation with the juvenile's attorney. A waiver of the right to a jury trial must be in writing and signed by the juvenile, the juvenile's attorney, and the juvenile's parent or guardian. The court shall inquire on the record to ensure that the waiver was made in a knowing and voluntary manner. (4) (A) If a juvenile does not waive the juvenile's right to a jury trial, then the adjudication hearing must be conducted in the circuit or criminal court by a circuit or criminal court judge. (B) If the juvenile is adjudicated delinquent by a jury and the juvenile is required to be classified as a serious youthful offender pursuant to § 37-1-131(g) , then the circuit or criminal court shall transfer jurisdiction of the matter to the juvenile court for disposition in accordance with § 37-1-131(g) . (C) If the juvenile is adjudicated delinquent by the jury for an offense that does not require the juvenile to be classified as a serious youthful offender, then the circuit or criminal court shall transfer jurisdiction of the matter to the juvenile court for disposition in accordance with § 37-1-131(a)-(e) . (5) If a juvenile waives the juvenile's right to a jury trial, then the adjudication hearing must be conducted by the juvenile court. (6) Title 40 and the Tennessee Rules of Criminal Procedure not in conflict with this part that regulate criminal jury trials in circuit or criminal court apply to jury trials for juveniles subject to classification as a serious youthful offender pursuant to § 37-1-131(g) . (7) (A) The speedy trial requirements of § 40-14-101 apply to an adjudication hearing before a jury in circuit or criminal court. (B) Unless good cause is shown, an adjudication hearing before a jury in circuit or criminal court must be held within one (1) year of the juvenile being advised of the juvenile's right to a trial by jury. Amended by 2024 Tenn. Acts, ch. 1007,s 5, 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 4, eff. 1/1/2025, app. to all costs submitted for reimbursement on or after July 1, 2011. Amended by 2016 Tenn. Acts, ch. 600, s 3, eff. 7/1/2016. Acts 1970, ch. 600, § 24; T.C.A., § 37-224; Acts 2007 , ch. 199, §§ 3, 4.
(a) Except as provided in subsection (d), hearings pursuant to this part shall be conducted by the court without a jury, in an informal but orderly manner, separate from other proceedings not included in § 37-1-103 .
(b) The district attorney general or city or county attorney, or any attorney, upon request of the court, shall present the evidence in support of the petition and otherwise conduct the proceedings on behalf of the state.
(c) Minutes of all proceedings shall be kept by the court.
(d) (1) If a juvenile is alleged to have committed an act that would require the juvenile to be classified as a serious youthful offender pursuant to § 37-1-131(g) , then the juvenile has a right to a jury trial at the adjudication hearing. (2) The juvenile must be advised of the right to a jury trial by the juvenile court. (3) The right to a jury trial may be waived by the juvenile only after the juvenile has been advised of the juvenile's right to a trial by jury and after consultation with the juvenile's attorney. A waiver of the right to a jury trial must be in writing and signed by the juvenile, the juvenile's attorney, and the juvenile's parent or guardian. The court shall inquire on the record to ensure that the waiver was made in a knowing and voluntary manner. (4) (A) If a juvenile does not waive the juvenile's right to a jury trial, then the adjudication hearing must be conducted in the circuit or criminal court by a circuit or criminal court judge. (B) If the juvenile is adjudicated delinquent by a jury and the juvenile is required to be classified as a serious youthful offender pursuant to § 37-1-131(g) , then the circuit or criminal court shall transfer jurisdiction of the matter to the juvenile court for disposition in accordance with § 37-1-131(g) . (C) If the juvenile is adjudicated delinquent by the jury for an offense that does not require the juvenile to be classified as a serious youthful offender, then the circuit or criminal court shall transfer jurisdiction of the matter to the juvenile court for disposition in accordance with § 37-1-131(a)-(e) . (5) If a juvenile waives the juvenile's right to a jury trial, then the adjudication hearing must be conducted by the juvenile court. (6) Title 40 and the Tennessee Rules of Criminal Procedure not in conflict with this part that regulate criminal jury trials in circuit or criminal court apply to jury trials for juveniles subject to classification as a serious youthful offender pursuant to § 37-1-131(g) . (7) (A) The speedy trial requirements of § 40-14-101 apply to an adjudication hearing before a jury in circuit or criminal court. (B) Unless good cause is shown, an adjudication hearing before a jury in circuit or criminal court must be held within one (1) year of the juvenile being advised of the juvenile's right to a trial by jury.
(1) If a juvenile is alleged to have committed an act that would require the juvenile to be classified as a serious youthful offender pursuant to § 37-1-131(g) , then the juvenile has a right to a jury trial at the adjudication hearing.
(2) The juvenile must be advised of the right to a jury trial by the juvenile court.
(3) The right to a jury trial may be waived by the juvenile only after the juvenile has been advised of the juvenile's right to a trial by jury and after consultation with the juvenile's attorney. A waiver of the right to a jury trial must be in writing and signed by the juvenile, the juvenile's attorney, and the juvenile's parent or guardian. The court shall inquire on the record to ensure that the waiver was made in a knowing and voluntary manner.
(4) (A) If a juvenile does not waive the juvenile's right to a jury trial, then the adjudication hearing must be conducted in the circuit or criminal court by a circuit or criminal court judge. (B) If the juvenile is adjudicated delinquent by a jury and the juvenile is required to be classified as a serious youthful offender pursuant to § 37-1-131(g) , then the circuit or criminal court shall transfer jurisdiction of the matter to the juvenile court for disposition in accordance with § 37-1-131(g) . (C) If the juvenile is adjudicated delinquent by the jury for an offense that does not require the juvenile to be classified as a serious youthful offender, then the circuit or criminal court shall transfer jurisdiction of the matter to the juvenile court for disposition in accordance with § 37-1-131(a)-(e) .
(A) If a juvenile does not waive the juvenile's right to a jury trial, then the adjudication hearing must be conducted in the circuit or criminal court by a circuit or criminal court judge.
(B) If the juvenile is adjudicated delinquent by a jury and the juvenile is required to be classified as a serious youthful offender pursuant to § 37-1-131(g) , then the circuit or criminal court shall transfer jurisdiction of the matter to the juvenile court for disposition in accordance with § 37-1-131(g) .
(C) If the juvenile is adjudicated delinquent by the jury for an offense that does not require the juvenile to be classified as a serious youthful offender, then the circuit or criminal court shall transfer jurisdiction of the matter to the juvenile court for disposition in accordance with § 37-1-131(a)-(e) .
(5) If a juvenile waives the juvenile's right to a jury trial, then the adjudication hearing must be conducted by the juvenile court.
(6) Title 40 and the Tennessee Rules of Criminal Procedure not in conflict with this part that regulate criminal jury trials in circuit or criminal court apply to jury trials for juveniles subject to classification as a serious youthful offender pursuant to § 37-1-131(g) .
(7) (A) The speedy trial requirements of § 40-14-101 apply to an adjudication hearing before a jury in circuit or criminal court. (B) Unless good cause is shown, an adjudication hearing before a jury in circuit or criminal court must be held within one (1) year of the juvenile being advised of the juvenile's right to a trial by jury.
(A) The speedy trial requirements of § 40-14-101 apply to an adjudication hearing before a jury in circuit or criminal court.
(B) Unless good cause is shown, an adjudication hearing before a jury in circuit or criminal court must be held within one (1) year of the juvenile being advised of the juvenile's right to a trial by jury.
Amended by 2024 Tenn. Acts, ch. 1007,s 5, 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 4, eff. 1/1/2025, app. to all costs submitted for reimbursement on or after July 1, 2011.
Amended by 2016 Tenn. Acts, ch. 600, s 3, eff. 7/1/2016.
Acts 1970, ch. 600, § 24; T.C.A., § 37-224; Acts 2007 , ch. 199, §§ 3, 4.
Tenn. Code Ann. § 37-5-522 — TN Code / Title 37 / Chapter 5 / Section 37-5-522
Procedures for children not subject to the Interstate Compact on the Placement of Children
Status: in_force

(a) Within seventy-two (72) hours of beginning to provide care for a child who was transported across state lines to enter the agency's care and whose transport across state lines was not subject to the Interstate Compact for Juveniles, compiled in chapter 4, part 1 of this title or the Interstate Compact on the Placement of Children, compiled in chapter 4, part 2 of this title, a nontraditional child care agency shall: (1) Prepare a file containing minimal identification requirements of the child. The file must contain, at a minimum, the child's: (A) Name; (B) Sex; (C) Height and weight; (D) Verifiable identifiers, if any; (E) Fingerprint sample; (F) Dental record or copy of the child's birth certificate; (G) Immunization record; (H) Photograph; and (I) List of relatives, if known, and their contact information; and (2) Submit a copy of the file to the department in a form deemed appropriate by the department by rule. (b) At least ten (10) business days prior to the transport of a child as described in subsection (a) from the care of the agency to the care of an individual or entity, the nontraditional child care agency shall: (1) Notify the department that the child will be transported; and (2) Provide the department with identifying information as deemed appropriate by the department by rule. (c) The department shall maintain the information described in subsections (a) and (b) in a database. The department shall provide access to the database to law enforcement and other individuals and entities as deemed appropriate by the department by rule and in accordance with all applicable law. (d) If the department determines that a nontraditional child care agency has violated subsection (a) or (b), then the department may revoke the agency's license in accordance with this part. Added by 2022 Tenn. Acts, ch. 1126, s 6, eff. 7/1/2022.
(a) Within seventy-two (72) hours of beginning to provide care for a child who was transported across state lines to enter the agency's care and whose transport across state lines was not subject to the Interstate Compact for Juveniles, compiled in chapter 4, part 1 of this title or the Interstate Compact on the Placement of Children, compiled in chapter 4, part 2 of this title, a nontraditional child care agency shall: (1) Prepare a file containing minimal identification requirements of the child. The file must contain, at a minimum, the child's: (A) Name; (B) Sex; (C) Height and weight; (D) Verifiable identifiers, if any; (E) Fingerprint sample; (F) Dental record or copy of the child's birth certificate; (G) Immunization record; (H) Photograph; and (I) List of relatives, if known, and their contact information; and (2) Submit a copy of the file to the department in a form deemed appropriate by the department by rule.
(1) Prepare a file containing minimal identification requirements of the child. The file must contain, at a minimum, the child's: (A) Name; (B) Sex; (C) Height and weight; (D) Verifiable identifiers, if any; (E) Fingerprint sample; (F) Dental record or copy of the child's birth certificate; (G) Immunization record; (H) Photograph; and (I) List of relatives, if known, and their contact information; and
(A) Name;
(B) Sex;
(C) Height and weight;
(D) Verifiable identifiers, if any;
(E) Fingerprint sample;
(F) Dental record or copy of the child's birth certificate;
(G) Immunization record;
(H) Photograph; and
(I) List of relatives, if known, and their contact information; and
(2) Submit a copy of the file to the department in a form deemed appropriate by the department by rule.
(b) At least ten (10) business days prior to the transport of a child as described in subsection (a) from the care of the agency to the care of an individual or entity, the nontraditional child care agency shall: (1) Notify the department that the child will be transported; and (2) Provide the department with identifying information as deemed appropriate by the department by rule.
(1) Notify the department that the child will be transported; and
(2) Provide the department with identifying information as deemed appropriate by the department by rule.
(c) The department shall maintain the information described in subsections (a) and (b) in a database. The department shall provide access to the database to law enforcement and other individuals and entities as deemed appropriate by the department by rule and in accordance with all applicable law.
(d) If the department determines that a nontraditional child care agency has violated subsection (a) or (b), then the department may revoke the agency's license in accordance with this part.
Added by 2022 Tenn. Acts, ch. 1126, s 6, eff. 7/1/2022.
Tenn. Code Ann. § 37-2-417 — TN Code / Title 37 / Chapter 2 / Section 37-2-417
Tennessee's Transitioning Youth Empowerment Act of 2010 [Repealed effective January 1, 2023.]
Status: repealed

(a) This section may be known and cited as "Tennessee's Transitioning Youth Empowerment Act of 2010." (b) The department of children's services is authorized to develop a program to provide services to youth who are transitioning to adulthood from state custody. Services may be provided on a voluntary basis to any person who is at least eighteen (18) years of age but less than twenty-one (21) years of age, who was in the custody of the department at the time of the person's eighteenth birthday and who is: (1) Completing secondary education or a program leading to an equivalent credential; (2) Enrolled in an institution which provides postsecondary or career and technical education; (3) Participating in a program or activity designed to promote or remove barriers to employment; (4) Employed for at least eighty (80) hours per month; or (5) Incapable of doing any of the activities described in subdivisions (b)(1)-(4) due to a medical condition, including a developmental or intellectual condition, which incapability is supported by regularly updated information in the permanency plan of the person. In such a case the person shall be in compliance with a course of treatment as recommended by the department. (c) Services may also be made available to any person who meets the requirements of subsection (b) but refused such services at the time of the person's eighteenth birthday if at any time the person seeks to regain services prior to the person's twenty-first birthday. (d) The advisory committee established in § 37-2-601 shall serve as an advisory committee for programs and services established by this section. (e) The commissioner of children's services shall establish policies and procedures in order to create and implement this program. (f) The department is authorized to seek federal funding or to participate in federal programs developed for this purpose. Repealed by 2022 Tenn. Acts, ch. 785, s 1, eff. 1/1/2023. Amended by 2015 Tenn. Acts, ch. 55, s 1, eff. 4/6/2015. Acts 2010 , ch. 1065, §§ 1-3; 2012 , ch. 653, § 1.
(a) This section may be known and cited as "Tennessee's Transitioning Youth Empowerment Act of 2010."
(b) The department of children's services is authorized to develop a program to provide services to youth who are transitioning to adulthood from state custody. Services may be provided on a voluntary basis to any person who is at least eighteen (18) years of age but less than twenty-one (21) years of age, who was in the custody of the department at the time of the person's eighteenth birthday and who is: (1) Completing secondary education or a program leading to an equivalent credential; (2) Enrolled in an institution which provides postsecondary or career and technical education; (3) Participating in a program or activity designed to promote or remove barriers to employment; (4) Employed for at least eighty (80) hours per month; or (5) Incapable of doing any of the activities described in subdivisions (b)(1)-(4) due to a medical condition, including a developmental or intellectual condition, which incapability is supported by regularly updated information in the permanency plan of the person. In such a case the person shall be in compliance with a course of treatment as recommended by the department.
(1) Completing secondary education or a program leading to an equivalent credential;
(2) Enrolled in an institution which provides postsecondary or career and technical education;
(3) Participating in a program or activity designed to promote or remove barriers to employment;
(4) Employed for at least eighty (80) hours per month; or
(5) Incapable of doing any of the activities described in subdivisions (b)(1)-(4) due to a medical condition, including a developmental or intellectual condition, which incapability is supported by regularly updated information in the permanency plan of the person. In such a case the person shall be in compliance with a course of treatment as recommended by the department.
(c) Services may also be made available to any person who meets the requirements of subsection (b) but refused such services at the time of the person's eighteenth birthday if at any time the person seeks to regain services prior to the person's twenty-first birthday.
(d) The advisory committee established in § 37-2-601 shall serve as an advisory committee for programs and services established by this section.
(e) The commissioner of children's services shall establish policies and procedures in order to create and implement this program.
(f) The department is authorized to seek federal funding or to participate in federal programs developed for this purpose.
Repealed by 2022 Tenn. Acts, ch. 785, s 1, eff. 1/1/2023.
Amended by 2015 Tenn. Acts, ch. 55, s 1, eff. 4/6/2015.
Acts 2010 , ch. 1065, §§ 1-3; 2012 , ch. 653, § 1.
Tenn. Code Ann. § 37-1-318 — TN Code / Title 37 / Chapter 1 / Section 37-1-318
Copies of final judgment
Status: in_force

The clerk of the court shall send a copy of the final judgment to the petitioner, the petitioner's counsel of record, any authority imposing restraint on the petitioner, the district attorney general, and the attorney general and reporter. Acts 1978, ch. 750, § 18; T.C.A., § 37-1718.
The clerk of the court shall send a copy of the final judgment to the petitioner, the petitioner's counsel of record, any authority imposing restraint on the petitioner, the district attorney general, and the attorney general and reporter.
Acts 1978, ch. 750, § 18; T.C.A., § 37-1718.
Tenn. Code Ann. § 37-5-406 — TN Code / Title 37 / Chapter 5 / Section 37-5-406
Exemption of relatives of child
Status: in_force

None of the provisions of this part shall apply when a child is brought into, or sent into, or taken out of, or sent out of the state, by a parent, stepparent, grandparent or other natural or legal guardian of the child. Acts 1951, ch. 116, § 1 (Williams § 4737.1); T.C.A. (orig. ed.), §§ 14-1510, 14-9-206; T.C.A., § 71-3-406; Acts 1996, ch. 1079, § 157.
None of the provisions of this part shall apply when a child is brought into, or sent into, or taken out of, or sent out of the state, by a parent, stepparent, grandparent or other natural or legal guardian of the child.
Acts 1951, ch. 116, § 1 (Williams § 4737.1); T.C.A. (orig. ed.), §§ 14-1510, 14-9-206; T.C.A., § 71-3-406; Acts 1996, ch. 1079, § 157.
Tenn. Code Ann. § 37-1-178 — TN Code / Title 37 / Chapter 1 / Section 37-1-178
Discharge
Status: in_force

If a child no longer meets the standards under which the child was hospitalized or admitted to a treatment resource under § 37-1-176(4) , the child shall be discharged under title 33, chapter 6, part 7, and the child shall remain in the custody of the department until the department's custody is terminated under §§ 37-1-179 and 37-1-180 . Acts 2000, ch. 947, § 7.
If a child no longer meets the standards under which the child was hospitalized or admitted to a treatment resource under § 37-1-176(4) , the child shall be discharged under title 33, chapter 6, part 7, and the child shall remain in the custody of the department until the department's custody is terminated under §§ 37-1-179 and 37-1-180 .
Acts 2000, ch. 947, § 7.