Tenn. Code Ann. § 37-5-608 — TN Code / Title 37 / Chapter 5 / Section 37-5-608
Rules and regulations
Status: in_force

The commissioner is authorized to promulgate rules and regulations to effectuate the purposes of this part. All such rules and regulations shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 2005, ch. 391, § 9.
The commissioner is authorized to promulgate rules and regulations to effectuate the purposes of this part. All such rules and regulations shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 2005, ch. 391, § 9.
Tenn. Code Ann. § 37-1-909 — TN Code / Title 37 / Chapter 1 / Section 37-1-909
Safe baby court advisory committee
Status: in_force

To assist in the development of rules and regulations and to ensure that the views of the safe baby court community are appropriately communicated to the commissioner of children's services, the director of the administrative office of the courts, and the commissioner of mental health and substance abuse services, there is created a safe baby court advisory committee. The committee members shall be named by the director of the administrative office of the courts, the commissioner of children's services, and the commissioner of mental health and substance abuse services. The commissioner of children's services will chair the committee. The committee shall strive to develop non-regulatory strategies to address issues related to the operation of safe baby courts and to facilitate necessary changes. The members of the committee serve as volunteers and shall not be paid or reimbursed for time served as committee members. Added by 2019 Tenn. Acts, ch. 383, s 9, eff. 5/10/2019.
To assist in the development of rules and regulations and to ensure that the views of the safe baby court community are appropriately communicated to the commissioner of children's services, the director of the administrative office of the courts, and the commissioner of mental health and substance abuse services, there is created a safe baby court advisory committee. The committee members shall be named by the director of the administrative office of the courts, the commissioner of children's services, and the commissioner of mental health and substance abuse services. The commissioner of children's services will chair the committee. The committee shall strive to develop non-regulatory strategies to address issues related to the operation of safe baby courts and to facilitate necessary changes. The members of the committee serve as volunteers and shall not be paid or reimbursed for time served as committee members.
Added by 2019 Tenn. Acts, ch. 383, s 9, eff. 5/10/2019.
Tenn. Code Ann. § 37-3-116 — TN Code / Title 37 / Chapter 3 / Section 37-3-116
Resource mapping of funding sources - Report
Status: in_force

(a) The commission shall design and oversee a resource mapping of all federal and state funding sources and funding streams that support the health, safety, permanence, growth, development and education of children in this state from conception through the age of majority or so long as they may remain in the custody of the state. The resource mapping shall include, but not be limited to: (1) An inventory of all federal and state funding sources that support children in this state; (2) An inventory of all state, federal or government subsidized services and programs offered to children in this state, set out by program, target population, geographical region, agency or any other grouping that would assist the general assembly in determining whether there are overlapping programs that lead to duplication within the state, gaps in service delivery and any administrative inefficiencies generally; (3) A description of the manner in which the funds are being used within the agencies or organizations, the performance measures in place to assess the use of such funding and the intended outcomes of the programs and services; (4) Government mandates for the use of the funds, if any; and (5) An inventory of the funds for which the state may be eligible, but is currently not receiving or using, and the reasons why the funds are not being used. (b) The commission shall update the report each year and shall subsequently assure that the resource map is periodically and timely updated, so as to maintain a current resource map of the funds used to support children in the state. (c) The comptroller of the treasury and each department of state government or agency in this state shall provide assistance upon request to the commission in effectuating the purpose of this section. (d) On or before February 15, 2009, a preliminary report shall be provided by the commission; and on or before April 15, 2010, and each successive year thereafter, the commission shall provide a full report to the judiciary, education, and health and welfare committees of the senate and the civil justice, education, and health committees of the house of representatives. The full report shall include, but not be limited to, the resource map and any recommendations, including proposed legislation, for improving the efficiency and effectiveness of programs offered to children in this state. Amended by 2021 Tenn. Acts, ch. 64, s 31, eff. 3/29/2021. Amended by 2019 Tenn. Acts, ch. 345, s 41, eff. 5/10/2019. Amended by 2013 Tenn. Acts, ch. 236, s 79, eff. 4/19/2013. Acts 2008 , ch. 1197, § 1; 2009 , ch. 344, § 1; 2011 , ch. 410, § 3(l).
(a) The commission shall design and oversee a resource mapping of all federal and state funding sources and funding streams that support the health, safety, permanence, growth, development and education of children in this state from conception through the age of majority or so long as they may remain in the custody of the state. The resource mapping shall include, but not be limited to: (1) An inventory of all federal and state funding sources that support children in this state; (2) An inventory of all state, federal or government subsidized services and programs offered to children in this state, set out by program, target population, geographical region, agency or any other grouping that would assist the general assembly in determining whether there are overlapping programs that lead to duplication within the state, gaps in service delivery and any administrative inefficiencies generally; (3) A description of the manner in which the funds are being used within the agencies or organizations, the performance measures in place to assess the use of such funding and the intended outcomes of the programs and services; (4) Government mandates for the use of the funds, if any; and (5) An inventory of the funds for which the state may be eligible, but is currently not receiving or using, and the reasons why the funds are not being used.
(1) An inventory of all federal and state funding sources that support children in this state;
(2) An inventory of all state, federal or government subsidized services and programs offered to children in this state, set out by program, target population, geographical region, agency or any other grouping that would assist the general assembly in determining whether there are overlapping programs that lead to duplication within the state, gaps in service delivery and any administrative inefficiencies generally;
(3) A description of the manner in which the funds are being used within the agencies or organizations, the performance measures in place to assess the use of such funding and the intended outcomes of the programs and services;
(4) Government mandates for the use of the funds, if any; and
(5) An inventory of the funds for which the state may be eligible, but is currently not receiving or using, and the reasons why the funds are not being used.
(b) The commission shall update the report each year and shall subsequently assure that the resource map is periodically and timely updated, so as to maintain a current resource map of the funds used to support children in the state.
(c) The comptroller of the treasury and each department of state government or agency in this state shall provide assistance upon request to the commission in effectuating the purpose of this section.
(d) On or before February 15, 2009, a preliminary report shall be provided by the commission; and on or before April 15, 2010, and each successive year thereafter, the commission shall provide a full report to the judiciary, education, and health and welfare committees of the senate and the civil justice, education, and health committees of the house of representatives. The full report shall include, but not be limited to, the resource map and any recommendations, including proposed legislation, for improving the efficiency and effectiveness of programs offered to children in this state.
Amended by 2021 Tenn. Acts, ch. 64, s 31, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 345, s 41, eff. 5/10/2019.
Amended by 2013 Tenn. Acts, ch. 236, s 79, eff. 4/19/2013.
Acts 2008 , ch. 1197, § 1; 2009 , ch. 344, § 1; 2011 , ch. 410, § 3(l).
Tenn. Code Ann. § 37-5-136 — TN Code / Title 37 / Chapter 5 / Section 37-5-136
Annual behavior management training
Status: in_force

The department shall provide training to all persons employed by the department as youth service officers on best practices for behavior management and conflict resolution in the context of supervision of juvenile justice youth. The training must be conducted annually. Added by 2023 Tenn. Acts, ch. 67, s 2, eff. 1/1/2024.
The department shall provide training to all persons employed by the department as youth service officers on best practices for behavior management and conflict resolution in the context of supervision of juvenile justice youth. The training must be conducted annually.
Added by 2023 Tenn. Acts, ch. 67, s 2, eff. 1/1/2024.
Tenn. Code Ann. § 37-2-413 — TN Code / Title 37 / Chapter 2 / Section 37-2-413
Department rulemaking to comply with federal regulations
Status: in_force

(a) The department of children's services is authorized to adopt mandatory rules binding on the courts and agencies subject to this part to implement the provisions of any changes in federal law relative to compliance with any foster care review processes set forth in federal law. (b) Notwithstanding any other law to the contrary, the department shall have authority to implement any rules that may be required pursuant to subsection (a) by emergency rules to be effective immediately upon approval by the attorney general and reporter and filing with the office of the secretary of state; provided, that any permanent rules must follow the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 2. Acts 1996, ch. 1079, § 117; 2009, ch. 566, § 12.
(a) The department of children's services is authorized to adopt mandatory rules binding on the courts and agencies subject to this part to implement the provisions of any changes in federal law relative to compliance with any foster care review processes set forth in federal law.
(b) Notwithstanding any other law to the contrary, the department shall have authority to implement any rules that may be required pursuant to subsection (a) by emergency rules to be effective immediately upon approval by the attorney general and reporter and filing with the office of the secretary of state; provided, that any permanent rules must follow the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 2.
Acts 1996, ch. 1079, § 117; 2009, ch. 566, § 12.
Tenn. Code Ann. § 37-10-308 — TN Code / Title 37 / Chapter 10 / Section 37-10-308
Severability
Status: in_force

If any one (1) or more provision, section, subsection, sentence, clause, phrase or word of this part or the application thereof to any person or circumstance is found to be unconstitutional, the same is declared to be severable and the balance of this part shall remain effective notwithstanding the unconstitutionality. The legislature declares that it would have passed this part, and each provision, section, subsection, sentence, clause, phrase or word thereof, irrespective of the fact that any one (1) or more provision, section, subsection, sentence, clause, phrase or word be declared unconstitutional. Acts 2006, ch. 932, § 2.
If any one (1) or more provision, section, subsection, sentence, clause, phrase or word of this part or the application thereof to any person or circumstance is found to be unconstitutional, the same is declared to be severable and the balance of this part shall remain effective notwithstanding the unconstitutionality. The legislature declares that it would have passed this part, and each provision, section, subsection, sentence, clause, phrase or word thereof, irrespective of the fact that any one (1) or more provision, section, subsection, sentence, clause, phrase or word be declared unconstitutional.
Acts 2006, ch. 932, § 2.
Tenn. Code Ann. § 37-2-603 — TN Code / Title 37 / Chapter 2 / Section 37-2-603
Establishment of resource centers to provide or facilitate assistance
Status: in_force

(a) The private, nonprofit community is urged to establish a network to provide information, assistance, services and supports to persons from sixteen (16) to twenty-four (24) years of age who were in foster care on the person's eighteenth birthday and persons from sixteen (16) to twenty-four (24) years of age who have been in foster care at any time after the person's fourteenth birthday. (b) The resource centers shall provide or facilitate the assistance necessary to: (1) Deal with the challenges and barriers associated with the transition into adulthood and early adult years; (2) Support post-secondary education, vocational training and job skills development for such person; (3) Find and retain employment, housing, transportation, parenting and family support, health care and mental health care; and (4) Navigate systems and procedures that impact the person's education, employment, health and mental welfare and basic needs. (c) These services shall be available at any time until the person reaches twenty-four (24) years of age regardless of whether the youth elects to remain in a voluntary extension of foster care arrangement with the department or the youth chooses to terminate any relationship with the state. (d) The resource centers shall be supported in part by the department in the community where the centers are located, subject to the availability of funds specifically appropriated for this purpose. The department is authorized and encouraged to share staff with the resource centers, as well as provide financial support. Amended by 2014 Tenn. Acts, ch. 508,s 2, eff. 3/6/2014. Acts 2009, ch. 415, § 1.
(a) The private, nonprofit community is urged to establish a network to provide information, assistance, services and supports to persons from sixteen (16) to twenty-four (24) years of age who were in foster care on the person's eighteenth birthday and persons from sixteen (16) to twenty-four (24) years of age who have been in foster care at any time after the person's fourteenth birthday.
(b) The resource centers shall provide or facilitate the assistance necessary to: (1) Deal with the challenges and barriers associated with the transition into adulthood and early adult years; (2) Support post-secondary education, vocational training and job skills development for such person; (3) Find and retain employment, housing, transportation, parenting and family support, health care and mental health care; and (4) Navigate systems and procedures that impact the person's education, employment, health and mental welfare and basic needs.
(1) Deal with the challenges and barriers associated with the transition into adulthood and early adult years;
(2) Support post-secondary education, vocational training and job skills development for such person;
(3) Find and retain employment, housing, transportation, parenting and family support, health care and mental health care; and
(4) Navigate systems and procedures that impact the person's education, employment, health and mental welfare and basic needs.
(c) These services shall be available at any time until the person reaches twenty-four (24) years of age regardless of whether the youth elects to remain in a voluntary extension of foster care arrangement with the department or the youth chooses to terminate any relationship with the state.
(d) The resource centers shall be supported in part by the department in the community where the centers are located, subject to the availability of funds specifically appropriated for this purpose. The department is authorized and encouraged to share staff with the resource centers, as well as provide financial support.
Amended by 2014 Tenn. Acts, ch. 508,s 2, eff. 3/6/2014.
Acts 2009, ch. 415, § 1.
Tenn. Code Ann. § 37-4-205 — TN Code / Title 37 / Chapter 4 / Section 37-4-205
Authorization of agreements with foreign states
Status: in_force

The officers and agencies of this state and its subdivisions having authority to place children are empowered to enter into agreements with appropriate officers or agencies of or in other party states pursuant to paragraph (b) of Article V of the Interstate Compact on the Placement of Children. Any such agreement which contains a financial commitment or imposes a financial obligation on this state or subdivision or agency thereof shall not be binding unless it has the approval in writing of the commissioner of children's services in the case of the state and of the chief local fiscal officer in the case of a subdivision of the state. Acts 1974, ch. 477, § 5; impl. am. Acts 1975, ch. 219, § 2; T.C.A., § 37-1407; Acts 1996, ch. 1079, § 73.
The officers and agencies of this state and its subdivisions having authority to place children are empowered to enter into agreements with appropriate officers or agencies of or in other party states pursuant to paragraph (b) of Article V of the Interstate Compact on the Placement of Children. Any such agreement which contains a financial commitment or imposes a financial obligation on this state or subdivision or agency thereof shall not be binding unless it has the approval in writing of the commissioner of children's services in the case of the state and of the chief local fiscal officer in the case of a subdivision of the state.
Acts 1974, ch. 477, § 5; impl. am. Acts 1975, ch. 219, § 2; T.C.A., § 37-1407; Acts 1996, ch. 1079, § 73.
Tenn. Code Ann. § 37-2-419 — TN Code / Title 37 / Chapter 2 / Section 37-2-419
Immunization not condition of overseeing child in foster care - Exceptions
Status: in_force

(a) The department of children's services shall not require an individual or members of the individual's household to undergo an immunization as a condition of overseeing a child in foster care under this chapter unless the child is under eighteen (18) months of age or has significant documented medical needs that would necessitate the caregiver or members of the caregiver's household being immunized. (b) If an individual or member of the individual's household objects to an immunization on the basis of religious or moral convictions, then the exceptions in subsection (a) must not apply and the department of children's services shall not require an individual or member of the individual's household to undergo any immunization as a condition of overseeing a child in foster care. Amended by 2024 Tenn. Acts, ch. 699,s 2, eff. 4/11/2024. Added by 2021 Tenn. Acts, ch. 375, s 2, eff. 5/11/2021.
(a) The department of children's services shall not require an individual or members of the individual's household to undergo an immunization as a condition of overseeing a child in foster care under this chapter unless the child is under eighteen (18) months of age or has significant documented medical needs that would necessitate the caregiver or members of the caregiver's household being immunized.
(b) If an individual or member of the individual's household objects to an immunization on the basis of religious or moral convictions, then the exceptions in subsection (a) must not apply and the department of children's services shall not require an individual or member of the individual's household to undergo any immunization as a condition of overseeing a child in foster care.
Amended by 2024 Tenn. Acts, ch. 699,s 2, eff. 4/11/2024.
Added by 2021 Tenn. Acts, ch. 375, s 2, eff. 5/11/2021.
Tenn. Code Ann. § 37-5-108 — TN Code / Title 37 / Chapter 5 / Section 37-5-108
Conflict of interest
Status: in_force

The department has the power and authority to establish by policy, rule or regulation provisions for prohibition of any conflict of interest that may occur within the department of children's services that may affect the constitutional rights of a child being served by the department of children's services. The department shall exercise this power and authority consistent with the provisions regarding conflicts of interest under title 12, chapter 4, part 1. Acts 1996, ch. 1079, § 9.
The department has the power and authority to establish by policy, rule or regulation provisions for prohibition of any conflict of interest that may occur within the department of children's services that may affect the constitutional rights of a child being served by the department of children's services. The department shall exercise this power and authority consistent with the provisions regarding conflicts of interest under title 12, chapter 4, part 1.
Acts 1996, ch. 1079, § 9.
Tenn. Code Ann. § 37-1-101 — TN Code / Title 37 / Chapter 1 / Section 37-1-101
Purpose - Jurisdiction - Ensuring compliance with the Indian Child Welfare Act
Status: in_force

(a) This part shall be construed to effectuate the following public purposes: (1) Provide for the care, protection, and wholesome moral, mental and physical development of children coming within its provisions; (2) Consistent with the protection of the public interest, remove from children committing delinquent acts the taint of criminality and the consequences of criminal behavior and substitute therefor a program of treatment, training and rehabilitation; (3) Achieve the foregoing purposes in a family environment whenever possible, separating the child from such child's parents only when necessary for such child's welfare or in the interest of public safety; (4) Provide a simple judicial procedure through which this part is executed and enforced and in which the parties are assured a fair hearing and their constitutional and other legal rights recognized and enforced; (5) Provide simple interstate procedures that permit resort to cooperative measures among the juvenile courts of the several states when required to effectuate the purposes of this part; (6) Generally deinstitutionalize children who have not been found to be delinquent; and (7) Provide developmentally appropriate interventions based on current scientific research in related fields, including neuroscience, psychology, sociology, and criminology. (b) It is the intention of the general assembly in the passage of this part to promulgate laws relative to children that are to be uniform in application throughout the state. (c) Each of the juvenile courts in all the counties and municipalities of the state as described in § 37-1-102 have all of the jurisdiction, authority, rights, powers and duties prescribed by this part, and any additional jurisdiction, authority, rights, powers or duties conferred by special or private act upon any of the juvenile courts in the state are not intended to be invalidated or repealed by this part, except where inconsistent or in conflict with any provisions of this part. (d) Whenever a juvenile court conducts a child custody proceeding, as defined in § 36-6-205 , the court shall ensure compliance with the Indian Child Welfare Act, compiled in 25 U.S.C. § 1901 et seq. Amended by 2018 Tenn. Acts, ch. 1052,s 2, eff. 7/1/2018. Amended by 2017 Tenn. Acts, ch. 271,s 1, eff. 5/4/2017. Acts 1970, ch. 600, §§ 1, 59; 1979, ch. 289, § 1; T.C.A., §§ 37-201, 37-259; Acts 2009, ch. 317, § 1.
(a) This part shall be construed to effectuate the following public purposes: (1) Provide for the care, protection, and wholesome moral, mental and physical development of children coming within its provisions; (2) Consistent with the protection of the public interest, remove from children committing delinquent acts the taint of criminality and the consequences of criminal behavior and substitute therefor a program of treatment, training and rehabilitation; (3) Achieve the foregoing purposes in a family environment whenever possible, separating the child from such child's parents only when necessary for such child's welfare or in the interest of public safety; (4) Provide a simple judicial procedure through which this part is executed and enforced and in which the parties are assured a fair hearing and their constitutional and other legal rights recognized and enforced; (5) Provide simple interstate procedures that permit resort to cooperative measures among the juvenile courts of the several states when required to effectuate the purposes of this part; (6) Generally deinstitutionalize children who have not been found to be delinquent; and (7) Provide developmentally appropriate interventions based on current scientific research in related fields, including neuroscience, psychology, sociology, and criminology.
(1) Provide for the care, protection, and wholesome moral, mental and physical development of children coming within its provisions;
(2) Consistent with the protection of the public interest, remove from children committing delinquent acts the taint of criminality and the consequences of criminal behavior and substitute therefor a program of treatment, training and rehabilitation;
(3) Achieve the foregoing purposes in a family environment whenever possible, separating the child from such child's parents only when necessary for such child's welfare or in the interest of public safety;
(4) Provide a simple judicial procedure through which this part is executed and enforced and in which the parties are assured a fair hearing and their constitutional and other legal rights recognized and enforced;
(5) Provide simple interstate procedures that permit resort to cooperative measures among the juvenile courts of the several states when required to effectuate the purposes of this part;
(6) Generally deinstitutionalize children who have not been found to be delinquent; and
(7) Provide developmentally appropriate interventions based on current scientific research in related fields, including neuroscience, psychology, sociology, and criminology.
(b) It is the intention of the general assembly in the passage of this part to promulgate laws relative to children that are to be uniform in application throughout the state.
(c) Each of the juvenile courts in all the counties and municipalities of the state as described in § 37-1-102 have all of the jurisdiction, authority, rights, powers and duties prescribed by this part, and any additional jurisdiction, authority, rights, powers or duties conferred by special or private act upon any of the juvenile courts in the state are not intended to be invalidated or repealed by this part, except where inconsistent or in conflict with any provisions of this part.
(d) Whenever a juvenile court conducts a child custody proceeding, as defined in § 36-6-205 , the court shall ensure compliance with the Indian Child Welfare Act, compiled in 25 U.S.C. § 1901 et seq.
Amended by 2018 Tenn. Acts, ch. 1052,s 2, eff. 7/1/2018.
Amended by 2017 Tenn. Acts, ch. 271,s 1, eff. 5/4/2017.
Acts 1970, ch. 600, §§ 1, 59; 1979, ch. 289, § 1; T.C.A., §§ 37-201, 37-259; Acts 2009, ch. 317, § 1.
Tenn. Code Ann. § 37-1-163 — TN Code / Title 37 / Chapter 1 / Section 37-1-163
Financial obligations
Status: in_force

(a) Financial obligations shall not be assessed against a child in a delinquent or unruly case, including in any order of disposition under § 37-1-131 or § 37-1-132 , though this does not affect the assessment of restitution pursuant to § 37-1-131(b) . However, the court may order parents, legal custodians, or guardians to pay financial obligations in accordance with the provisions of this part. Restitution to any victim shall be prioritized over all financial obligations. (b) Failure to pay or timely pay any financial obligations or restitution assessed to the child or the child's parents, guardian, or legal custodian shall not serve as a sole basis for continued court jurisdiction over or supervision of a child. (c) Failure to pay or timely pay any financial obligations or restitution assessed to the child, child's parents, legal custodians, or guardians shall not serve as a basis for placement in the custody of the department or other removal of the child from the child's home, including the home of a parent, guardian, or legal custodian, for any length of time. (d) The court shall consider the child's parents, legal custodians, or guardians' financial ability to pay in determining the amount of any financial obligations incurred or assessed by the state or county as described in this part. The court may decline to assess financial obligations if the court determines that assessment would pose financial hardship to the parents, legal custodians, or guardians. (e) Any financial obligations ordered shall not be referred to any collection service as defined by § 62-20-102 . Acts 2018, ch. 1052, § 47.
(a) Financial obligations shall not be assessed against a child in a delinquent or unruly case, including in any order of disposition under § 37-1-131 or § 37-1-132 , though this does not affect the assessment of restitution pursuant to § 37-1-131(b) . However, the court may order parents, legal custodians, or guardians to pay financial obligations in accordance with the provisions of this part. Restitution to any victim shall be prioritized over all financial obligations.
(b) Failure to pay or timely pay any financial obligations or restitution assessed to the child or the child's parents, guardian, or legal custodian shall not serve as a sole basis for continued court jurisdiction over or supervision of a child.
(c) Failure to pay or timely pay any financial obligations or restitution assessed to the child, child's parents, legal custodians, or guardians shall not serve as a basis for placement in the custody of the department or other removal of the child from the child's home, including the home of a parent, guardian, or legal custodian, for any length of time.
(d) The court shall consider the child's parents, legal custodians, or guardians' financial ability to pay in determining the amount of any financial obligations incurred or assessed by the state or county as described in this part. The court may decline to assess financial obligations if the court determines that assessment would pose financial hardship to the parents, legal custodians, or guardians.
(e) Any financial obligations ordered shall not be referred to any collection service as defined by § 62-20-102 .
Acts 2018, ch. 1052, § 47.
Tenn. Code Ann. § 37-5-318 — TN Code / Title 37 / Chapter 5 / Section 37-5-318
Transfer of employees from community services agencies to the department of children's services in counties with a metropolitan form of government
Status: in_force

(a) Notwithstanding any law to the contrary, including § 8-30-309 , any county having a metropolitan form of government whose employees provide services for the community services agency, pursuant to § 37-5-304 , and who serve in positions funded by the department of children's services may be transferred to the department of children's services by the commissioner, on or before June 30, 2006. Such employees shall receive the benefits and protection of career service status and shall be eligible for participation in the state health insurance plan without further examination or competition. Salaries of transferred employees of a county having a metropolitan form of government shall be within the appropriate salary range for state job classifications and shall be at least equal to, but not less than, the median salary of department of children's services employees in the county having a metropolitan form of government. (b) All employees of a county having a metropolitan form of government who provide services for the community services agency, pursuant to § 37-5-304 , and who are transferred to the department of children's services, pursuant to this section, shall be subject to a minimum probationary period of six (6) months beginning on the first day of service with the department, pursuant to § 8-30-312 , unless the transferred employee has previously served the minimum six-month probationary period. (c) All such transfers shall take place no later than June 30, 2006. Amended by 2022 Tenn. Acts, ch. 655, s 29, eff. 7/1/2022. Acts 2005, ch. 354, § 2.
(a) Notwithstanding any law to the contrary, including § 8-30-309 , any county having a metropolitan form of government whose employees provide services for the community services agency, pursuant to § 37-5-304 , and who serve in positions funded by the department of children's services may be transferred to the department of children's services by the commissioner, on or before June 30, 2006. Such employees shall receive the benefits and protection of career service status and shall be eligible for participation in the state health insurance plan without further examination or competition. Salaries of transferred employees of a county having a metropolitan form of government shall be within the appropriate salary range for state job classifications and shall be at least equal to, but not less than, the median salary of department of children's services employees in the county having a metropolitan form of government.
(b) All employees of a county having a metropolitan form of government who provide services for the community services agency, pursuant to § 37-5-304 , and who are transferred to the department of children's services, pursuant to this section, shall be subject to a minimum probationary period of six (6) months beginning on the first day of service with the department, pursuant to § 8-30-312 , unless the transferred employee has previously served the minimum six-month probationary period.
(c) All such transfers shall take place no later than June 30, 2006.
Amended by 2022 Tenn. Acts, ch. 655, s 29, eff. 7/1/2022.
Acts 2005, ch. 354, § 2.
Tenn. Code Ann. § 37-1-603 — TN Code / Title 37 / Chapter 1 / Section 37-1-603
Comprehensive state plan
Status: in_force

(a) The department shall develop a state plan that encompasses and complies with the scope of all provisions of this part for the detection, intervention, prevention and treatment of child sexual abuse. The department of education and the state board of education shall participate and fully cooperate in the development of the state plan. Furthermore, appropriate state and local agencies and organizations shall be provided an opportunity to participate in the development of the state plan. Appropriate groups and organizations shall include, but not be limited to, community mental health centers; the juvenile courts; the school boards of the local school districts; private or public organizations or programs with recognized expertise in working with children who are sexually abused, physically abused, emotionally abused, or neglected and with expertise in working with the families of such children; private or public programs or organizations with expertise in maternal and infant health care; multi-disciplinary child protection teams; child care centers; and law enforcement agencies. The state plan to be provided to the general assembly, the appropriate committees and the governor shall include, as a minimum, the information required of the various groups in subsection (b). (b) The development of the comprehensive state plan shall be accomplished in the following manner: (1) The department of children's services shall establish a task force composed of representatives from the department of mental health and substance abuse services, the department of disability and aging, the commission on children and youth created by § 37-3-102 , a child abuse agency as defined in § 37-5-501 , a treatment resource as defined in § 33-1-101 , and a local child service agency. Representatives of the departments of children's services, education, health, the Tennessee bureau of investigation, district attorneys general conference, Tennessee council of juvenile and family court judges, and local law enforcement agencies shall serve as ex officio members of the task force. The task force shall be responsible for: (A) Developing a plan of action for better coordination and integration of the goals, activities, and funding of the department pertaining to the detection, intervention, prevention, and treatment of child sexual abuse in order to maximize staff and resources, including the effective utilization of licensure personnel in determining whether children are properly cared for and protected by the child care agencies licensed by the department of children's services or human services. The department shall develop ways not only to inform and instruct all personnel in the child care agencies in the detection, intervention, prevention and treatment of child sexual abuse, but shall develop ways for licensure personnel at least annually to require that all such agencies present a prevention program to the children enrolled in and cared for by the agency. Licensing staff shall provide training to such agencies if needed to assist them in presenting such a program and shall review and approve the materials to be presented. The department shall formulate an effective and efficient method for updating files of victims of child sexual abuse. The plan for accomplishing this end shall be included in the comprehensive state plan; (B) Preparing the state plan for submission to the members of the general assembly and the governor. Such preparation shall include the cooperative plans as provided in this section and the plan of action for coordination and integration of departmental activities into one (1) comprehensive plan. The comprehensive plan shall include a section reflecting general conditions and needs, an analysis of variations based on population or geographic areas, identified problems, and recommendations for change; and (C) Working with the specified agency in fulfilling the requirements of subdivisions (b)(2)-(7); (2) The department of education and the state board of education and the department of children's services shall work together in developing ways to inform and instruct appropriate school personnel and children in all school districts in the detection, intervention, prevention and treatment of child sexual abuse and in the proper action that should be taken in a suspected case of child sexual abuse. The plan for accomplishing this end shall be included in the comprehensive state plan; (3) The departments of education and children's services, and the state board of education, shall work together on the enhancement or adaptation of curriculum materials to assist instructional personnel in providing instruction through a multi-disciplinary approach on the detection, intervention, prevention and treatment of child sexual abuse, including such abuse that may occur in the home, including, but not limited to, instruction provided as part of a family life curriculum pursuant to § 49-6-1304 . The curriculum materials shall be geared toward a sequential program of instruction at progressional levels for kindergarten through grade twelve (K-12). Strategies for utilizing the curriculum shall be included in the comprehensive plan; (4) (A) The Jerry F. Agee Tennessee Law Enforcement Academy, the Tennessee peace officer standards and training commission, and the department of children's services shall work together in developing ways to inform and instruct appropriate local law enforcement personnel in the detection of child abuse and child sexual abuse and in the proper action that should be taken in a suspected case of child abuse or child sexual abuse: (i) Guidelines must be prepared establishing a standard procedure that may be followed by police agencies in the investigation of cases involving child abuse or the sexual abuse of children, including police response to, and treatment of, victims of such crimes; (ii) The course of training leading to the basic certificate issued by the Tennessee peace officer standards and training commission must include adequate instruction in the procedures described in this subdivision (b)(4)(A) and must be included as a part of the in-service training requirement to be eligible for the salary supplement authorized in § 38-8-111 ; (iii) A course of study pursuant to such procedures for the training of specialists in the investigation of child abuse and child sexual abuse cases must be implemented by the Jerry F. Agee Tennessee Law Enforcement Training Academy. Officers assigned as investigation specialists for these crimes shall successfully complete their training; (iv) The peace officer standards and training commission may authorize the certification of officers under this section if the officers have received training meeting the criteria established in this subdivision (b)(4)(A) from another approved training course at sites other than the Jerry F. Agee Tennessee Law Enforcement Training Academy; and (v) It is the intent of the general assembly to encourage the establishment of child abuse and child sex crime investigation units in sheriffs' departments and police agencies throughout this state, which units shall include investigating crimes involving child abuse and sexual abuse of children; (B) The plan for accomplishing this end shall be included in the comprehensive state plan; (5) The department of children's services shall work with other appropriate public and private agencies to emphasize efforts to educate the general public about the problem of and ways to detect, intervene in, prevent and treat child sexual abuse, and in the proper action that should be taken in a suspected case of child sexual abuse. Such plan shall include a method for publicizing and notifying the general public of the resources and agencies available to provide help and services for victimized children and their families. The plan for accomplishing this end shall be included in the comprehensive state plan; (6) The department of children's services and the joint task force on children's justice and child sexual abuse shall work together in developing a mechanism to inform and instruct judges with juvenile, divorce and criminal jurisdiction in the detection, intervention, prevention and treatment of child sexual abuse and in the proper action that should be taken in a known or suspected case of child sexual abuse. The plan for accomplishing this end shall be included in the comprehensive state plan; and (7) The district attorneys general conference shall work with the Tennessee bureau of investigation, the department of children's services, the Tennessee Sheriffs' Association, the Tennessee Association of Chiefs of Police, and the Children's Advocacy Centers of Tennessee to develop recommendations on the creation of multidisciplinary teams to provide responses specific to child sex trafficking cases. The purposes of these teams will be to enhance the services to victims of child sex trafficking, improve the coordination of investigations and the tracking of child sex trafficking cases, and identify gaps in services. These entities may consult with other public and private groups, organizations, and agencies that have knowledge of the child sex trafficking population and are willing to assist in this goal. The district attorneys general conference shall report the recommendations to the chairs of the judiciary committee of the senate and the criminal justice committee and the children and family affairs subcommittee of the house of representatives by January 15, 2023. (c) (1) All budget requests submitted by the department of children's services, the department of education, or any other agency to the general assembly for funding of efforts for the detection, intervention, prevention, and treatment of child sexual abuse shall be based on the state comprehensive plan developed pursuant to this section. (2) The department of children's services shall readdress the plan one (1) year following its initial presentation and at least biennially thereafter, and shall make necessary revisions. No later than January 31, 1987, and no later than January 31 of every uneven year thereafter, such revisions shall be submitted to the government operations committees of both houses of the general assembly and to the governor. Amended by 2024 Tenn. Acts, ch. 688,s 122, eff. 7/1/2024. Amended by 2022 Tenn. Acts, ch. 995, s 1, eff. 5/4/2022. Amended by 2022 Tenn. Acts, ch. 984, Secs.s 1, s 2 eff. 5/3/2022. Amended by 2019 Tenn. Acts, ch. 420, s 26, eff. 5/21/2019. Amended by 2018 Tenn. Acts, ch. 609, s 3, eff. 4/2/2018. Amended by 2014 Tenn. Acts, ch. 706, s 3, eff. 7/1/2014. Acts 1985, ch. 478, § 4; 1987, ch. 145, § 27; 1988, ch. 953, § 13; 1989, ch. 278, § 36; 1996, ch. 1079, § 73; 2000, ch. 947, § 6; 2000, ch. 981, §§ 51, 56; 2009 , ch. 238, § 2; 2010 , ch. 1100, § 53; 2012 , ch. 575, § 1.
(a) The department shall develop a state plan that encompasses and complies with the scope of all provisions of this part for the detection, intervention, prevention and treatment of child sexual abuse. The department of education and the state board of education shall participate and fully cooperate in the development of the state plan. Furthermore, appropriate state and local agencies and organizations shall be provided an opportunity to participate in the development of the state plan. Appropriate groups and organizations shall include, but not be limited to, community mental health centers; the juvenile courts; the school boards of the local school districts; private or public organizations or programs with recognized expertise in working with children who are sexually abused, physically abused, emotionally abused, or neglected and with expertise in working with the families of such children; private or public programs or organizations with expertise in maternal and infant health care; multi-disciplinary child protection teams; child care centers; and law enforcement agencies. The state plan to be provided to the general assembly, the appropriate committees and the governor shall include, as a minimum, the information required of the various groups in subsection (b).
(b) The development of the comprehensive state plan shall be accomplished in the following manner: (1) The department of children's services shall establish a task force composed of representatives from the department of mental health and substance abuse services, the department of disability and aging, the commission on children and youth created by § 37-3-102 , a child abuse agency as defined in § 37-5-501 , a treatment resource as defined in § 33-1-101 , and a local child service agency. Representatives of the departments of children's services, education, health, the Tennessee bureau of investigation, district attorneys general conference, Tennessee council of juvenile and family court judges, and local law enforcement agencies shall serve as ex officio members of the task force. The task force shall be responsible for: (A) Developing a plan of action for better coordination and integration of the goals, activities, and funding of the department pertaining to the detection, intervention, prevention, and treatment of child sexual abuse in order to maximize staff and resources, including the effective utilization of licensure personnel in determining whether children are properly cared for and protected by the child care agencies licensed by the department of children's services or human services. The department shall develop ways not only to inform and instruct all personnel in the child care agencies in the detection, intervention, prevention and treatment of child sexual abuse, but shall develop ways for licensure personnel at least annually to require that all such agencies present a prevention program to the children enrolled in and cared for by the agency. Licensing staff shall provide training to such agencies if needed to assist them in presenting such a program and shall review and approve the materials to be presented. The department shall formulate an effective and efficient method for updating files of victims of child sexual abuse. The plan for accomplishing this end shall be included in the comprehensive state plan; (B) Preparing the state plan for submission to the members of the general assembly and the governor. Such preparation shall include the cooperative plans as provided in this section and the plan of action for coordination and integration of departmental activities into one (1) comprehensive plan. The comprehensive plan shall include a section reflecting general conditions and needs, an analysis of variations based on population or geographic areas, identified problems, and recommendations for change; and (C) Working with the specified agency in fulfilling the requirements of subdivisions (b)(2)-(7); (2) The department of education and the state board of education and the department of children's services shall work together in developing ways to inform and instruct appropriate school personnel and children in all school districts in the detection, intervention, prevention and treatment of child sexual abuse and in the proper action that should be taken in a suspected case of child sexual abuse. The plan for accomplishing this end shall be included in the comprehensive state plan; (3) The departments of education and children's services, and the state board of education, shall work together on the enhancement or adaptation of curriculum materials to assist instructional personnel in providing instruction through a multi-disciplinary approach on the detection, intervention, prevention and treatment of child sexual abuse, including such abuse that may occur in the home, including, but not limited to, instruction provided as part of a family life curriculum pursuant to § 49-6-1304 . The curriculum materials shall be geared toward a sequential program of instruction at progressional levels for kindergarten through grade twelve (K-12). Strategies for utilizing the curriculum shall be included in the comprehensive plan; (4) (A) The Jerry F. Agee Tennessee Law Enforcement Academy, the Tennessee peace officer standards and training commission, and the department of children's services shall work together in developing ways to inform and instruct appropriate local law enforcement personnel in the detection of child abuse and child sexual abuse and in the proper action that should be taken in a suspected case of child abuse or child sexual abuse: (i) Guidelines must be prepared establishing a standard procedure that may be followed by police agencies in the investigation of cases involving child abuse or the sexual abuse of children, including police response to, and treatment of, victims of such crimes; (ii) The course of training leading to the basic certificate issued by the Tennessee peace officer standards and training commission must include adequate instruction in the procedures described in this subdivision (b)(4)(A) and must be included as a part of the in-service training requirement to be eligible for the salary supplement authorized in § 38-8-111 ; (iii) A course of study pursuant to such procedures for the training of specialists in the investigation of child abuse and child sexual abuse cases must be implemented by the Jerry F. Agee Tennessee Law Enforcement Training Academy. Officers assigned as investigation specialists for these crimes shall successfully complete their training; (iv) The peace officer standards and training commission may authorize the certification of officers under this section if the officers have received training meeting the criteria established in this subdivision (b)(4)(A) from another approved training course at sites other than the Jerry F. Agee Tennessee Law Enforcement Training Academy; and (v) It is the intent of the general assembly to encourage the establishment of child abuse and child sex crime investigation units in sheriffs' departments and police agencies throughout this state, which units shall include investigating crimes involving child abuse and sexual abuse of children; (B) The plan for accomplishing this end shall be included in the comprehensive state plan; (5) The department of children's services shall work with other appropriate public and private agencies to emphasize efforts to educate the general public about the problem of and ways to detect, intervene in, prevent and treat child sexual abuse, and in the proper action that should be taken in a suspected case of child sexual abuse. Such plan shall include a method for publicizing and notifying the general public of the resources and agencies available to provide help and services for victimized children and their families. The plan for accomplishing this end shall be included in the comprehensive state plan; (6) The department of children's services and the joint task force on children's justice and child sexual abuse shall work together in developing a mechanism to inform and instruct judges with juvenile, divorce and criminal jurisdiction in the detection, intervention, prevention and treatment of child sexual abuse and in the proper action that should be taken in a known or suspected case of child sexual abuse. The plan for accomplishing this end shall be included in the comprehensive state plan; and (7) The district attorneys general conference shall work with the Tennessee bureau of investigation, the department of children's services, the Tennessee Sheriffs' Association, the Tennessee Association of Chiefs of Police, and the Children's Advocacy Centers of Tennessee to develop recommendations on the creation of multidisciplinary teams to provide responses specific to child sex trafficking cases. The purposes of these teams will be to enhance the services to victims of child sex trafficking, improve the coordination of investigations and the tracking of child sex trafficking cases, and identify gaps in services. These entities may consult with other public and private groups, organizations, and agencies that have knowledge of the child sex trafficking population and are willing to assist in this goal. The district attorneys general conference shall report the recommendations to the chairs of the judiciary committee of the senate and the criminal justice committee and the children and family affairs subcommittee of the house of representatives by January 15, 2023.
(1) The department of children's services shall establish a task force composed of representatives from the department of mental health and substance abuse services, the department of disability and aging, the commission on children and youth created by § 37-3-102 , a child abuse agency as defined in § 37-5-501 , a treatment resource as defined in § 33-1-101 , and a local child service agency. Representatives of the departments of children's services, education, health, the Tennessee bureau of investigation, district attorneys general conference, Tennessee council of juvenile and family court judges, and local law enforcement agencies shall serve as ex officio members of the task force. The task force shall be responsible for: (A) Developing a plan of action for better coordination and integration of the goals, activities, and funding of the department pertaining to the detection, intervention, prevention, and treatment of child sexual abuse in order to maximize staff and resources, including the effective utilization of licensure personnel in determining whether children are properly cared for and protected by the child care agencies licensed by the department of children's services or human services. The department shall develop ways not only to inform and instruct all personnel in the child care agencies in the detection, intervention, prevention and treatment of child sexual abuse, but shall develop ways for licensure personnel at least annually to require that all such agencies present a prevention program to the children enrolled in and cared for by the agency. Licensing staff shall provide training to such agencies if needed to assist them in presenting such a program and shall review and approve the materials to be presented. The department shall formulate an effective and efficient method for updating files of victims of child sexual abuse. The plan for accomplishing this end shall be included in the comprehensive state plan; (B) Preparing the state plan for submission to the members of the general assembly and the governor. Such preparation shall include the cooperative plans as provided in this section and the plan of action for coordination and integration of departmental activities into one (1) comprehensive plan. The comprehensive plan shall include a section reflecting general conditions and needs, an analysis of variations based on population or geographic areas, identified problems, and recommendations for change; and (C) Working with the specified agency in fulfilling the requirements of subdivisions (b)(2)-(7);
(A) Developing a plan of action for better coordination and integration of the goals, activities, and funding of the department pertaining to the detection, intervention, prevention, and treatment of child sexual abuse in order to maximize staff and resources, including the effective utilization of licensure personnel in determining whether children are properly cared for and protected by the child care agencies licensed by the department of children's services or human services. The department shall develop ways not only to inform and instruct all personnel in the child care agencies in the detection, intervention, prevention and treatment of child sexual abuse, but shall develop ways for licensure personnel at least annually to require that all such agencies present a prevention program to the children enrolled in and cared for by the agency. Licensing staff shall provide training to such agencies if needed to assist them in presenting such a program and shall review and approve the materials to be presented. The department shall formulate an effective and efficient method for updating files of victims of child sexual abuse. The plan for accomplishing this end shall be included in the comprehensive state plan;
(B) Preparing the state plan for submission to the members of the general assembly and the governor. Such preparation shall include the cooperative plans as provided in this section and the plan of action for coordination and integration of departmental activities into one (1) comprehensive plan. The comprehensive plan shall include a section reflecting general conditions and needs, an analysis of variations based on population or geographic areas, identified problems, and recommendations for change; and
(C) Working with the specified agency in fulfilling the requirements of subdivisions (b)(2)-(7);
(2) The department of education and the state board of education and the department of children's services shall work together in developing ways to inform and instruct appropriate school personnel and children in all school districts in the detection, intervention, prevention and treatment of child sexual abuse and in the proper action that should be taken in a suspected case of child sexual abuse. The plan for accomplishing this end shall be included in the comprehensive state plan;
(3) The departments of education and children's services, and the state board of education, shall work together on the enhancement or adaptation of curriculum materials to assist instructional personnel in providing instruction through a multi-disciplinary approach on the detection, intervention, prevention and treatment of child sexual abuse, including such abuse that may occur in the home, including, but not limited to, instruction provided as part of a family life curriculum pursuant to § 49-6-1304 . The curriculum materials shall be geared toward a sequential program of instruction at progressional levels for kindergarten through grade twelve (K-12). Strategies for utilizing the curriculum shall be included in the comprehensive plan;
(4) (A) The Jerry F. Agee Tennessee Law Enforcement Academy, the Tennessee peace officer standards and training commission, and the department of children's services shall work together in developing ways to inform and instruct appropriate local law enforcement personnel in the detection of child abuse and child sexual abuse and in the proper action that should be taken in a suspected case of child abuse or child sexual abuse: (i) Guidelines must be prepared establishing a standard procedure that may be followed by police agencies in the investigation of cases involving child abuse or the sexual abuse of children, including police response to, and treatment of, victims of such crimes; (ii) The course of training leading to the basic certificate issued by the Tennessee peace officer standards and training commission must include adequate instruction in the procedures described in this subdivision (b)(4)(A) and must be included as a part of the in-service training requirement to be eligible for the salary supplement authorized in § 38-8-111 ; (iii) A course of study pursuant to such procedures for the training of specialists in the investigation of child abuse and child sexual abuse cases must be implemented by the Jerry F. Agee Tennessee Law Enforcement Training Academy. Officers assigned as investigation specialists for these crimes shall successfully complete their training; (iv) The peace officer standards and training commission may authorize the certification of officers under this section if the officers have received training meeting the criteria established in this subdivision (b)(4)(A) from another approved training course at sites other than the Jerry F. Agee Tennessee Law Enforcement Training Academy; and (v) It is the intent of the general assembly to encourage the establishment of child abuse and child sex crime investigation units in sheriffs' departments and police agencies throughout this state, which units shall include investigating crimes involving child abuse and sexual abuse of children; (B) The plan for accomplishing this end shall be included in the comprehensive state plan;
(A) The Jerry F. Agee Tennessee Law Enforcement Academy, the Tennessee peace officer standards and training commission, and the department of children's services shall work together in developing ways to inform and instruct appropriate local law enforcement personnel in the detection of child abuse and child sexual abuse and in the proper action that should be taken in a suspected case of child abuse or child sexual abuse: (i) Guidelines must be prepared establishing a standard procedure that may be followed by police agencies in the investigation of cases involving child abuse or the sexual abuse of children, including police response to, and treatment of, victims of such crimes; (ii) The course of training leading to the basic certificate issued by the Tennessee peace officer standards and training commission must include adequate instruction in the procedures described in this subdivision (b)(4)(A) and must be included as a part of the in-service training requirement to be eligible for the salary supplement authorized in § 38-8-111 ; (iii) A course of study pursuant to such procedures for the training of specialists in the investigation of child abuse and child sexual abuse cases must be implemented by the Jerry F. Agee Tennessee Law Enforcement Training Academy. Officers assigned as investigation specialists for these crimes shall successfully complete their training; (iv) The peace officer standards and training commission may authorize the certification of officers under this section if the officers have received training meeting the criteria established in this subdivision (b)(4)(A) from another approved training course at sites other than the Jerry F. Agee Tennessee Law Enforcement Training Academy; and (v) It is the intent of the general assembly to encourage the establishment of child abuse and child sex crime investigation units in sheriffs' departments and police agencies throughout this state, which units shall include investigating crimes involving child abuse and sexual abuse of children;
(i) Guidelines must be prepared establishing a standard procedure that may be followed by police agencies in the investigation of cases involving child abuse or the sexual abuse of children, including police response to, and treatment of, victims of such crimes;
(ii) The course of training leading to the basic certificate issued by the Tennessee peace officer standards and training commission must include adequate instruction in the procedures described in this subdivision (b)(4)(A) and must be included as a part of the in-service training requirement to be eligible for the salary supplement authorized in § 38-8-111 ;
(iii) A course of study pursuant to such procedures for the training of specialists in the investigation of child abuse and child sexual abuse cases must be implemented by the Jerry F. Agee Tennessee Law Enforcement Training Academy. Officers assigned as investigation specialists for these crimes shall successfully complete their training;
(iv) The peace officer standards and training commission may authorize the certification of officers under this section if the officers have received training meeting the criteria established in this subdivision (b)(4)(A) from another approved training course at sites other than the Jerry F. Agee Tennessee Law Enforcement Training Academy; and
(v) It is the intent of the general assembly to encourage the establishment of child abuse and child sex crime investigation units in sheriffs' departments and police agencies throughout this state, which units shall include investigating crimes involving child abuse and sexual abuse of children;
(B) The plan for accomplishing this end shall be included in the comprehensive state plan;
(5) The department of children's services shall work with other appropriate public and private agencies to emphasize efforts to educate the general public about the problem of and ways to detect, intervene in, prevent and treat child sexual abuse, and in the proper action that should be taken in a suspected case of child sexual abuse. Such plan shall include a method for publicizing and notifying the general public of the resources and agencies available to provide help and services for victimized children and their families. The plan for accomplishing this end shall be included in the comprehensive state plan;
(6) The department of children's services and the joint task force on children's justice and child sexual abuse shall work together in developing a mechanism to inform and instruct judges with juvenile, divorce and criminal jurisdiction in the detection, intervention, prevention and treatment of child sexual abuse and in the proper action that should be taken in a known or suspected case of child sexual abuse. The plan for accomplishing this end shall be included in the comprehensive state plan; and
(7) The district attorneys general conference shall work with the Tennessee bureau of investigation, the department of children's services, the Tennessee Sheriffs' Association, the Tennessee Association of Chiefs of Police, and the Children's Advocacy Centers of Tennessee to develop recommendations on the creation of multidisciplinary teams to provide responses specific to child sex trafficking cases. The purposes of these teams will be to enhance the services to victims of child sex trafficking, improve the coordination of investigations and the tracking of child sex trafficking cases, and identify gaps in services. These entities may consult with other public and private groups, organizations, and agencies that have knowledge of the child sex trafficking population and are willing to assist in this goal. The district attorneys general conference shall report the recommendations to the chairs of the judiciary committee of the senate and the criminal justice committee and the children and family affairs subcommittee of the house of representatives by January 15, 2023.
(c) (1) All budget requests submitted by the department of children's services, the department of education, or any other agency to the general assembly for funding of efforts for the detection, intervention, prevention, and treatment of child sexual abuse shall be based on the state comprehensive plan developed pursuant to this section. (2) The department of children's services shall readdress the plan one (1) year following its initial presentation and at least biennially thereafter, and shall make necessary revisions. No later than January 31, 1987, and no later than January 31 of every uneven year thereafter, such revisions shall be submitted to the government operations committees of both houses of the general assembly and to the governor.
(1) All budget requests submitted by the department of children's services, the department of education, or any other agency to the general assembly for funding of efforts for the detection, intervention, prevention, and treatment of child sexual abuse shall be based on the state comprehensive plan developed pursuant to this section.
(2) The department of children's services shall readdress the plan one (1) year following its initial presentation and at least biennially thereafter, and shall make necessary revisions. No later than January 31, 1987, and no later than January 31 of every uneven year thereafter, such revisions shall be submitted to the government operations committees of both houses of the general assembly and to the governor.
Amended by 2024 Tenn. Acts, ch. 688,s 122, eff. 7/1/2024.
Amended by 2022 Tenn. Acts, ch. 995, s 1, eff. 5/4/2022.
Amended by 2022 Tenn. Acts, ch. 984, Secs.s 1, s 2 eff. 5/3/2022.
Amended by 2019 Tenn. Acts, ch. 420, s 26, eff. 5/21/2019.
Amended by 2018 Tenn. Acts, ch. 609, s 3, eff. 4/2/2018.
Amended by 2014 Tenn. Acts, ch. 706, s 3, eff. 7/1/2014.
Acts 1985, ch. 478, § 4; 1987, ch. 145, § 27; 1988, ch. 953, § 13; 1989, ch. 278, § 36; 1996, ch. 1079, § 73; 2000, ch. 947, § 6; 2000, ch. 981, §§ 51, 56; 2009 , ch. 238, § 2; 2010 , ch. 1100, § 53; 2012 , ch. 575, § 1.
Tenn. Code Ann. § 37-1-103 — TN Code / Title 37 / Chapter 1 / Section 37-1-103
Exclusive original jurisdiction
Status: in_force

(a) The juvenile court has exclusive original jurisdiction of the following proceedings, which are governed by this part: (1) Proceedings in which a child is alleged to: (A) Be delinquent, except when a child is alleged to have committed an act that would, if adjudicated delinquent, require the child to be classified as a serious youthful offender pursuant to § 37-1-131(g) ; (B) Be unruly; (C) Be dependent and neglected; or (D) Have committed a juvenile traffic offense as defined in § 37-1-146 ; (2) Proceedings arising under §§ 37-1-141 - 37-1-144; (3) Proceedings arising under § 37-1-137 for the purposes of termination of a home placement; (4) Prosecutions under § 37-1-412 , unless the case is bound over to the grand jury by the juvenile court or the defendant is originally charged with a greater offense of which violation of § 37-1-412 is a lesser included offense; (5) Proceedings arising under [former] § 49-5-5209(e) [repealed]; (6) Proceedings in which a parent or legal guardian is alleged to have violated parental responsibilities pursuant to § 37-1-174 ; and (7) Proceedings arising under § 37-1-190(e). (b) The juvenile court also has exclusive original jurisdiction of the following proceedings, which are governed by the laws relating thereto without regard to the other provisions of this part: (1) Proceedings to obtain judicial consent to employment, or enlistment in the armed services of a child, if consent is required by law; (2) Proceedings under the Interstate Compact for Juveniles, compiled as chapter 4, part 1 of this title; and (3) Proceedings under the Interstate Compact on the Placement of Children, compiled as chapter 4, part 2 of this title. (c) Except as provided in subsection (d), when jurisdiction has been acquired under this part, jurisdiction continues until the case has been dismissed, or until the custody determination is transferred to another juvenile, circuit, chancery, or general sessions court exercising domestic relations jurisdiction, or until a petition for adoption is filed regarding the child in question as set out in § 36-1-116(f) . A juvenile court retains jurisdiction to the extent needed to complete any reviews or permanency hearings for children in foster care as may be mandated by federal or state law; however, only the adoption court has jurisdiction to modify visitation or custody of the child while the adoption remains pending. This subsection (c) does not establish concurrent jurisdiction for any other court to hear juvenile cases, but permits courts exercising domestic relations jurisdiction to make custody determinations in accordance with this part. (d) (1) A juvenile court in any county of this state shall have temporary jurisdiction to issue temporary orders pursuant to this section upon a petition on behalf of a child present or residing in that county. Upon being informed that a proceeding pertaining to the same child has been commenced in or a determination pertaining to the same child has been made by a court of a county having prior jurisdiction under this part; provided, that the court having temporary jurisdiction shall immediately notify and attempt to communicate with the court having original jurisdiction regarding the status of the child before issuing any temporary order hereunder, the courts shall coordinate with one another to resolve any jurisdictional issues, protect the best interests of the child, and determine the duration of any order entered by a court pursuant to this section. (2) A court shall have temporary jurisdiction pursuant to this subsection (d) only in a neglect, dependency or abuse proceeding, a termination of parental rights proceeding or an order of protection pursuant to title 36, pertaining to the child whose matter is before the court when the court determines it is necessary to protect the best interests of that child by action of that court. (3) Upon notice that a proceeding pertaining to the child has been commenced in a court in a county having prior jurisdiction under this part or upon notice that there is a previous determination pertaining to the child that is entitled to be enforced under this part: (A) The court exercising temporary jurisdiction shall attempt to communicate with the prior court having jurisdiction and resolve jurisdictional issues and determine whether jurisdiction should transfer to the court exercising temporary jurisdiction; (B) If jurisdiction is not transferred to the court exercising temporary jurisdiction, the orders of the court exercising temporary jurisdiction shall remain in force and effect until an order is obtained from the court having prior jurisdiction regarding the child; (C) If jurisdiction is not transferred to the court exercising temporary jurisdiction, the court exercising temporary jurisdiction under this part, either upon motion by a party or on its own, shall enter an order specifying the period of time that the court considers adequate to allow the parties to resume the proceeding in the court having prior jurisdiction under this part; and (D) If jurisdiction is transferred to the court exercising temporary jurisdiction, all matters thereafter pertaining to the child shall be within the jurisdiction of that court. (e) Notwithstanding any other law to the contrary, transfers under this section shall be at the sole discretion of the juvenile court. In all other cases, jurisdiction shall continue until a person is no longer a child as defined in § 37-1-102 . (f) The court is authorized to require any parent or legal guardian of a child within the jurisdiction of the court to participate in any counseling or treatment program the court may deem appropriate and in the best interest of the child. (g) Notwithstanding this section, nothing in subdivision (a)(1) shall be construed to preclude a court from exercising domestic relations jurisdiction pursuant to title 36, regardless of the nature of the allegations, unless and until a pleading is filed or relief is otherwise sought in a juvenile court invoking its exclusive original jurisdiction. Amended by 2024 Tenn. Acts, ch. 1007,s 2, eff. 1/1/2025, app. to all costs submitted for reimbursement on or after July 1, 2011. Amended by 2024 Tenn. Acts, ch. 996,s 23, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 973,s 1, eff. 7/1/2024. Amended by 2019 Tenn. Acts, ch. 167, s 1, eff. 4/18/2019. Acts 1970, ch. 600, § 3; 1971, ch. 189, §§ 1, 2; 1975, ch. 326, § 2; 1977, ch. 482, § 2; 1979, ch. 96, § 1; 1981, ch. 120, § 2; 1981, ch. 316, § 2; 1981, ch. 348, § 1; 1981, ch. 488, § 11; T.C.A., § 37-203; Acts 1989, ch. 278, § 44; 1994, ch. 811, § 1; 1994, ch. 929, § 3; 1995, ch. 532, § 7; 1996, ch. 675, § 16; 1996, ch. 1079, § 85; 1997 , ch. 465, § 1; 2001, ch. 297, § 1; 2003 , ch. 333, § 1; 2009 , ch. 335, § 1; 2011 , ch. 485, §§ 1, 2.
(a) The juvenile court has exclusive original jurisdiction of the following proceedings, which are governed by this part: (1) Proceedings in which a child is alleged to: (A) Be delinquent, except when a child is alleged to have committed an act that would, if adjudicated delinquent, require the child to be classified as a serious youthful offender pursuant to § 37-1-131(g) ; (B) Be unruly; (C) Be dependent and neglected; or (D) Have committed a juvenile traffic offense as defined in § 37-1-146 ; (2) Proceedings arising under §§ 37-1-141 - 37-1-144; (3) Proceedings arising under § 37-1-137 for the purposes of termination of a home placement; (4) Prosecutions under § 37-1-412 , unless the case is bound over to the grand jury by the juvenile court or the defendant is originally charged with a greater offense of which violation of § 37-1-412 is a lesser included offense; (5) Proceedings arising under [former] § 49-5-5209(e) [repealed]; (6) Proceedings in which a parent or legal guardian is alleged to have violated parental responsibilities pursuant to § 37-1-174 ; and (7) Proceedings arising under § 37-1-190(e).
(1) Proceedings in which a child is alleged to: (A) Be delinquent, except when a child is alleged to have committed an act that would, if adjudicated delinquent, require the child to be classified as a serious youthful offender pursuant to § 37-1-131(g) ; (B) Be unruly; (C) Be dependent and neglected; or (D) Have committed a juvenile traffic offense as defined in § 37-1-146 ;
(A) Be delinquent, except when a child is alleged to have committed an act that would, if adjudicated delinquent, require the child to be classified as a serious youthful offender pursuant to § 37-1-131(g) ;
(B) Be unruly;
(C) Be dependent and neglected; or
(D) Have committed a juvenile traffic offense as defined in § 37-1-146 ;
(2) Proceedings arising under §§ 37-1-141 - 37-1-144;
(3) Proceedings arising under § 37-1-137 for the purposes of termination of a home placement;
(4) Prosecutions under § 37-1-412 , unless the case is bound over to the grand jury by the juvenile court or the defendant is originally charged with a greater offense of which violation of § 37-1-412 is a lesser included offense;
(5) Proceedings arising under [former] § 49-5-5209(e) [repealed];
(6) Proceedings in which a parent or legal guardian is alleged to have violated parental responsibilities pursuant to § 37-1-174 ; and
(7) Proceedings arising under § 37-1-190(e).
(b) The juvenile court also has exclusive original jurisdiction of the following proceedings, which are governed by the laws relating thereto without regard to the other provisions of this part: (1) Proceedings to obtain judicial consent to employment, or enlistment in the armed services of a child, if consent is required by law; (2) Proceedings under the Interstate Compact for Juveniles, compiled as chapter 4, part 1 of this title; and (3) Proceedings under the Interstate Compact on the Placement of Children, compiled as chapter 4, part 2 of this title.
(1) Proceedings to obtain judicial consent to employment, or enlistment in the armed services of a child, if consent is required by law;
(2) Proceedings under the Interstate Compact for Juveniles, compiled as chapter 4, part 1 of this title; and
(3) Proceedings under the Interstate Compact on the Placement of Children, compiled as chapter 4, part 2 of this title.
(c) Except as provided in subsection (d), when jurisdiction has been acquired under this part, jurisdiction continues until the case has been dismissed, or until the custody determination is transferred to another juvenile, circuit, chancery, or general sessions court exercising domestic relations jurisdiction, or until a petition for adoption is filed regarding the child in question as set out in § 36-1-116(f) . A juvenile court retains jurisdiction to the extent needed to complete any reviews or permanency hearings for children in foster care as may be mandated by federal or state law; however, only the adoption court has jurisdiction to modify visitation or custody of the child while the adoption remains pending. This subsection (c) does not establish concurrent jurisdiction for any other court to hear juvenile cases, but permits courts exercising domestic relations jurisdiction to make custody determinations in accordance with this part.
(d) (1) A juvenile court in any county of this state shall have temporary jurisdiction to issue temporary orders pursuant to this section upon a petition on behalf of a child present or residing in that county. Upon being informed that a proceeding pertaining to the same child has been commenced in or a determination pertaining to the same child has been made by a court of a county having prior jurisdiction under this part; provided, that the court having temporary jurisdiction shall immediately notify and attempt to communicate with the court having original jurisdiction regarding the status of the child before issuing any temporary order hereunder, the courts shall coordinate with one another to resolve any jurisdictional issues, protect the best interests of the child, and determine the duration of any order entered by a court pursuant to this section. (2) A court shall have temporary jurisdiction pursuant to this subsection (d) only in a neglect, dependency or abuse proceeding, a termination of parental rights proceeding or an order of protection pursuant to title 36, pertaining to the child whose matter is before the court when the court determines it is necessary to protect the best interests of that child by action of that court. (3) Upon notice that a proceeding pertaining to the child has been commenced in a court in a county having prior jurisdiction under this part or upon notice that there is a previous determination pertaining to the child that is entitled to be enforced under this part: (A) The court exercising temporary jurisdiction shall attempt to communicate with the prior court having jurisdiction and resolve jurisdictional issues and determine whether jurisdiction should transfer to the court exercising temporary jurisdiction; (B) If jurisdiction is not transferred to the court exercising temporary jurisdiction, the orders of the court exercising temporary jurisdiction shall remain in force and effect until an order is obtained from the court having prior jurisdiction regarding the child; (C) If jurisdiction is not transferred to the court exercising temporary jurisdiction, the court exercising temporary jurisdiction under this part, either upon motion by a party or on its own, shall enter an order specifying the period of time that the court considers adequate to allow the parties to resume the proceeding in the court having prior jurisdiction under this part; and (D) If jurisdiction is transferred to the court exercising temporary jurisdiction, all matters thereafter pertaining to the child shall be within the jurisdiction of that court.
(1) A juvenile court in any county of this state shall have temporary jurisdiction to issue temporary orders pursuant to this section upon a petition on behalf of a child present or residing in that county. Upon being informed that a proceeding pertaining to the same child has been commenced in or a determination pertaining to the same child has been made by a court of a county having prior jurisdiction under this part; provided, that the court having temporary jurisdiction shall immediately notify and attempt to communicate with the court having original jurisdiction regarding the status of the child before issuing any temporary order hereunder, the courts shall coordinate with one another to resolve any jurisdictional issues, protect the best interests of the child, and determine the duration of any order entered by a court pursuant to this section.
(2) A court shall have temporary jurisdiction pursuant to this subsection (d) only in a neglect, dependency or abuse proceeding, a termination of parental rights proceeding or an order of protection pursuant to title 36, pertaining to the child whose matter is before the court when the court determines it is necessary to protect the best interests of that child by action of that court.
(3) Upon notice that a proceeding pertaining to the child has been commenced in a court in a county having prior jurisdiction under this part or upon notice that there is a previous determination pertaining to the child that is entitled to be enforced under this part: (A) The court exercising temporary jurisdiction shall attempt to communicate with the prior court having jurisdiction and resolve jurisdictional issues and determine whether jurisdiction should transfer to the court exercising temporary jurisdiction; (B) If jurisdiction is not transferred to the court exercising temporary jurisdiction, the orders of the court exercising temporary jurisdiction shall remain in force and effect until an order is obtained from the court having prior jurisdiction regarding the child; (C) If jurisdiction is not transferred to the court exercising temporary jurisdiction, the court exercising temporary jurisdiction under this part, either upon motion by a party or on its own, shall enter an order specifying the period of time that the court considers adequate to allow the parties to resume the proceeding in the court having prior jurisdiction under this part; and (D) If jurisdiction is transferred to the court exercising temporary jurisdiction, all matters thereafter pertaining to the child shall be within the jurisdiction of that court.
(A) The court exercising temporary jurisdiction shall attempt to communicate with the prior court having jurisdiction and resolve jurisdictional issues and determine whether jurisdiction should transfer to the court exercising temporary jurisdiction;
(B) If jurisdiction is not transferred to the court exercising temporary jurisdiction, the orders of the court exercising temporary jurisdiction shall remain in force and effect until an order is obtained from the court having prior jurisdiction regarding the child;
(C) If jurisdiction is not transferred to the court exercising temporary jurisdiction, the court exercising temporary jurisdiction under this part, either upon motion by a party or on its own, shall enter an order specifying the period of time that the court considers adequate to allow the parties to resume the proceeding in the court having prior jurisdiction under this part; and
(D) If jurisdiction is transferred to the court exercising temporary jurisdiction, all matters thereafter pertaining to the child shall be within the jurisdiction of that court.
(e) Notwithstanding any other law to the contrary, transfers under this section shall be at the sole discretion of the juvenile court. In all other cases, jurisdiction shall continue until a person is no longer a child as defined in § 37-1-102 .
(f) The court is authorized to require any parent or legal guardian of a child within the jurisdiction of the court to participate in any counseling or treatment program the court may deem appropriate and in the best interest of the child.
(g) Notwithstanding this section, nothing in subdivision (a)(1) shall be construed to preclude a court from exercising domestic relations jurisdiction pursuant to title 36, regardless of the nature of the allegations, unless and until a pleading is filed or relief is otherwise sought in a juvenile court invoking its exclusive original jurisdiction.
Amended by 2024 Tenn. Acts, ch. 1007,s 2, eff. 1/1/2025, app. to all costs submitted for reimbursement on or after July 1, 2011.
Amended by 2024 Tenn. Acts, ch. 996,s 23, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 973,s 1, eff. 7/1/2024.
Amended by 2019 Tenn. Acts, ch. 167, s 1, eff. 4/18/2019.
Acts 1970, ch. 600, § 3; 1971, ch. 189, §§ 1, 2; 1975, ch. 326, § 2; 1977, ch. 482, § 2; 1979, ch. 96, § 1; 1981, ch. 120, § 2; 1981, ch. 316, § 2; 1981, ch. 348, § 1; 1981, ch. 488, § 11; T.C.A., § 37-203; Acts 1989, ch. 278, § 44; 1994, ch. 811, § 1; 1994, ch. 929, § 3; 1995, ch. 532, § 7; 1996, ch. 675, § 16; 1996, ch. 1079, § 85; 1997 , ch. 465, § 1; 2001, ch. 297, § 1; 2003 , ch. 333, § 1; 2009 , ch. 335, § 1; 2011 , ch. 485, §§ 1, 2.
Tenn. Code Ann. § 37-11-102 — TN Code / Title 37 / Chapter 11 / Section 37-11-102
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Convicted" and "conviction" means a plea of guilty or a verdict of guilty by a judge or jury, and includes a plea of no contest accepted by the court; (2) "Juvenile" means a person under eighteen (18) years of age; and (3) "Violent crime" means a felony enumerated as a violent crime under § 40-35-118 or a felony involving a weapon or firearm. Acts 1994, ch. 984, § 1.
As used in this part, unless the context otherwise requires:
(1) "Convicted" and "conviction" means a plea of guilty or a verdict of guilty by a judge or jury, and includes a plea of no contest accepted by the court;
(2) "Juvenile" means a person under eighteen (18) years of age; and
(3) "Violent crime" means a felony enumerated as a violent crime under § 40-35-118 or a felony involving a weapon or firearm.
Acts 1994, ch. 984, § 1.
Tenn. Code Ann. § 37-5-307 — TN Code / Title 37 / Chapter 5 / Section 37-5-307
Commissioner - Powers and duties
Status: in_force

(a) The commissioner has the duty and responsibility to: (1) Promulgate rules and regulations to carry out the commissioner's responsibilities under this part; (2) Review and approve plans of operation submitted in accordance with § 37-5-310 ; (3) Enter into such contracts, subject to applicable rules and regulations and procedures, as necessary to carry out this part; (4) Appoint an executive director for each agency with such appointment subject to the approval of the agency board. Nothing in this subdivision (a)(4) shall prohibit a board from submitting recommendations to the commissioner for the appointment of an executive director; (5) Require each agency to submit annual reports on each preceding fiscal year to reflect the nature and extent of all financial transactions and to assure financial integrity; and (6) Perform other acts necessary or convenient to exercise the powers granted or reasonably implied in this part. (b) All rules concerning community service agencies promulgated by the commissioner of children's services prior to July 1, 2005, and in effect on March 12, 2014, shall remain in full force and effect and shall be administered by the department of finance and administration until duly amended, repealed, expired, modified or suspended. Amended by 2021 Tenn. Acts, ch. 129, s 1, eff. 4/13/2021. Amended by 2014 Tenn. Acts, ch. 525, s 3, eff. 3/12/2014. Acts 1989, ch. 567, § 7; T.C.A., § 68-2-1107; Acts 1996, ch. 1079, § 149; 2001, ch. 390, § 3; 2006, ch. 1011, § 7.
(a) The commissioner has the duty and responsibility to: (1) Promulgate rules and regulations to carry out the commissioner's responsibilities under this part; (2) Review and approve plans of operation submitted in accordance with § 37-5-310 ; (3) Enter into such contracts, subject to applicable rules and regulations and procedures, as necessary to carry out this part; (4) Appoint an executive director for each agency with such appointment subject to the approval of the agency board. Nothing in this subdivision (a)(4) shall prohibit a board from submitting recommendations to the commissioner for the appointment of an executive director; (5) Require each agency to submit annual reports on each preceding fiscal year to reflect the nature and extent of all financial transactions and to assure financial integrity; and (6) Perform other acts necessary or convenient to exercise the powers granted or reasonably implied in this part.
(1) Promulgate rules and regulations to carry out the commissioner's responsibilities under this part;
(2) Review and approve plans of operation submitted in accordance with § 37-5-310 ;
(3) Enter into such contracts, subject to applicable rules and regulations and procedures, as necessary to carry out this part;
(4) Appoint an executive director for each agency with such appointment subject to the approval of the agency board. Nothing in this subdivision (a)(4) shall prohibit a board from submitting recommendations to the commissioner for the appointment of an executive director;
(5) Require each agency to submit annual reports on each preceding fiscal year to reflect the nature and extent of all financial transactions and to assure financial integrity; and
(6) Perform other acts necessary or convenient to exercise the powers granted or reasonably implied in this part.
(b) All rules concerning community service agencies promulgated by the commissioner of children's services prior to July 1, 2005, and in effect on March 12, 2014, shall remain in full force and effect and shall be administered by the department of finance and administration until duly amended, repealed, expired, modified or suspended.
Amended by 2021 Tenn. Acts, ch. 129, s 1, eff. 4/13/2021.
Amended by 2014 Tenn. Acts, ch. 525, s 3, eff. 3/12/2014.
Acts 1989, ch. 567, § 7; T.C.A., § 68-2-1107; Acts 1996, ch. 1079, § 149; 2001, ch. 390, § 3; 2006, ch. 1011, § 7.
Tenn. Code Ann. § 37-3-811 — TN Code / Title 37 / Chapter 3 / Section 37-3-811
Hiring of staff and consultants
Status: in_force

To the extent that funds are available, the commission may hire additional staff or consultants to assist the commission in completing its duties. Acts 2010, ch. 1060, § 1.
To the extent that funds are available, the commission may hire additional staff or consultants to assist the commission in completing its duties.
Acts 2010, ch. 1060, § 1.
Tenn. Code Ann. § 37-1-802 — TN Code / Title 37 / Chapter 1 / Section 37-1-802
Who may be appointed permanent guardian - Criteria for children and permanent guardian - Best interests determination
Status: in_force

(a) The court may consider any adult, including a relative, foster parent, or another adult with a significant relationship with the child as a permanent guardian. If the child is in the department's custody, the court shall seek the department's opinion on both the proposed permanent guardianship and the proposed permanent guardian. An agency or institution may not be a permanent guardian. (b) The court may issue a permanent guardianship order only if the court finds that: (1) The child has been previously adjudicated dependent and neglected, unruly or delinquent; (2) The child has been living with the proposed permanent guardian for at least six (6) months; (3) The permanent guardianship is in the child's best interests; (4) Reunification of the parent and child is not in the child's best interests; and (5) The proposed permanent guardian: (A) Is emotionally, mentally, physically and financially suitable to become the permanent guardian; (B) Is suitable and able to provide a safe and permanent home for the child; (C) Has expressly committed to remain the permanent guardian for the duration of the child's minority; (D) Has expressly demonstrated a clear understanding of the financial implications of becoming a permanent guardian, including an understanding of any potential resulting loss of state or federal benefits or other assistance; and (E) Will comply with all terms of any court order to provide the child's parent with visitation, contact or information. (c) In determining whether it is in the child's best interests that a permanent guardian be designated, in addition to any other evidence the court finds relevant, the court shall consider each of the following factors: (1) The child's need for continuity of care and caregivers, and for timely integration into a stable and permanent home, taking into account the differences in the development and the concept of time of children of different ages; (2) The physical, mental, and emotional health of all individuals involved to the degree that each affects the welfare of the child, the decisive consideration being the physical, mental, and emotional needs of the child; and (3) The quality of the interaction and interrelationship of the child with the child's parent, siblings, relatives, and caregivers, including the proposed permanent guardian. (d) Appointment of a permanent guardian under this part is not limited to children in the custody of the department. (e) If the child is twelve (12) years of age or older, the court shall consider the reasonable preference of the child. The court may hear the preference of a younger child. The preferences of older children should normally be given greater weight than those of younger children. (f) The parent may voluntarily consent to the permanent guardianship, and shall demonstrate an understanding of the implications and obligations of such consent prior to the court entering an order establishing a permanent guardianship in accordance with the provisions of this part. Acts 2005, ch. 389, § 1.
(a) The court may consider any adult, including a relative, foster parent, or another adult with a significant relationship with the child as a permanent guardian. If the child is in the department's custody, the court shall seek the department's opinion on both the proposed permanent guardianship and the proposed permanent guardian. An agency or institution may not be a permanent guardian.
(b) The court may issue a permanent guardianship order only if the court finds that: (1) The child has been previously adjudicated dependent and neglected, unruly or delinquent; (2) The child has been living with the proposed permanent guardian for at least six (6) months; (3) The permanent guardianship is in the child's best interests; (4) Reunification of the parent and child is not in the child's best interests; and (5) The proposed permanent guardian: (A) Is emotionally, mentally, physically and financially suitable to become the permanent guardian; (B) Is suitable and able to provide a safe and permanent home for the child; (C) Has expressly committed to remain the permanent guardian for the duration of the child's minority; (D) Has expressly demonstrated a clear understanding of the financial implications of becoming a permanent guardian, including an understanding of any potential resulting loss of state or federal benefits or other assistance; and (E) Will comply with all terms of any court order to provide the child's parent with visitation, contact or information.
(1) The child has been previously adjudicated dependent and neglected, unruly or delinquent;
(2) The child has been living with the proposed permanent guardian for at least six (6) months;
(3) The permanent guardianship is in the child's best interests;
(4) Reunification of the parent and child is not in the child's best interests; and
(5) The proposed permanent guardian: (A) Is emotionally, mentally, physically and financially suitable to become the permanent guardian; (B) Is suitable and able to provide a safe and permanent home for the child; (C) Has expressly committed to remain the permanent guardian for the duration of the child's minority; (D) Has expressly demonstrated a clear understanding of the financial implications of becoming a permanent guardian, including an understanding of any potential resulting loss of state or federal benefits or other assistance; and (E) Will comply with all terms of any court order to provide the child's parent with visitation, contact or information.
(A) Is emotionally, mentally, physically and financially suitable to become the permanent guardian;
(B) Is suitable and able to provide a safe and permanent home for the child;
(C) Has expressly committed to remain the permanent guardian for the duration of the child's minority;
(D) Has expressly demonstrated a clear understanding of the financial implications of becoming a permanent guardian, including an understanding of any potential resulting loss of state or federal benefits or other assistance; and
(E) Will comply with all terms of any court order to provide the child's parent with visitation, contact or information.
(c) In determining whether it is in the child's best interests that a permanent guardian be designated, in addition to any other evidence the court finds relevant, the court shall consider each of the following factors: (1) The child's need for continuity of care and caregivers, and for timely integration into a stable and permanent home, taking into account the differences in the development and the concept of time of children of different ages; (2) The physical, mental, and emotional health of all individuals involved to the degree that each affects the welfare of the child, the decisive consideration being the physical, mental, and emotional needs of the child; and (3) The quality of the interaction and interrelationship of the child with the child's parent, siblings, relatives, and caregivers, including the proposed permanent guardian.
(1) The child's need for continuity of care and caregivers, and for timely integration into a stable and permanent home, taking into account the differences in the development and the concept of time of children of different ages;
(2) The physical, mental, and emotional health of all individuals involved to the degree that each affects the welfare of the child, the decisive consideration being the physical, mental, and emotional needs of the child; and
(3) The quality of the interaction and interrelationship of the child with the child's parent, siblings, relatives, and caregivers, including the proposed permanent guardian.
(d) Appointment of a permanent guardian under this part is not limited to children in the custody of the department.
(e) If the child is twelve (12) years of age or older, the court shall consider the reasonable preference of the child. The court may hear the preference of a younger child. The preferences of older children should normally be given greater weight than those of younger children.
(f) The parent may voluntarily consent to the permanent guardianship, and shall demonstrate an understanding of the implications and obligations of such consent prior to the court entering an order establishing a permanent guardianship in accordance with the provisions of this part.
Acts 2005, ch. 389, § 1.
Tenn. Code Ann. § 37-3-807 — TN Code / Title 37 / Chapter 3 / Section 37-3-807
Voting - Reimbursement of expenses
Status: in_force

(a) All members of the commission shall be voting members. (b) The members of the commission shall receive no salary; provided that members of the commission shall be reimbursed for actual expenses incurred in accordance with the state's comprehensive travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter. (c) The commission may provide reimbursement for actual expenses incurred in accordance with the state's comprehensive travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter to witnesses that have been called to testify before the commission. Acts 2010, ch. 1060, § 1.
(a) All members of the commission shall be voting members.
(b) The members of the commission shall receive no salary; provided that members of the commission shall be reimbursed for actual expenses incurred in accordance with the state's comprehensive travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter.
(c) The commission may provide reimbursement for actual expenses incurred in accordance with the state's comprehensive travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter to witnesses that have been called to testify before the commission.
Acts 2010, ch. 1060, § 1.
Tenn. Code Ann. § 37-5-110 — TN Code / Title 37 / Chapter 5 / Section 37-5-110
Contracts/Leases
Status: in_force

(a) Contracts or leases entered into prior to May 21, 1996, with respect to any program or function transferred to the department of children's services with any entity, corporation, agency, enterprise or person, shall continue in full force and effect as to all essential provisions in accordance with the terms and conditions of the contracts in existence on May 21, 1996, to the same extent as if such contracts had originally been entered into by and between such entity, corporation, agency, enterprise or person and the department of children's services, unless and until such contracts or leases are amended or modified by the parties thereto or until the expiration of such contract. (b) This chapter shall not be implemented in any manner that violates the prohibition against impairment of contract obligations as contained in article I, § 20 of the Constitution of Tennessee. Acts 1996, ch. 1079, § 11.
(a) Contracts or leases entered into prior to May 21, 1996, with respect to any program or function transferred to the department of children's services with any entity, corporation, agency, enterprise or person, shall continue in full force and effect as to all essential provisions in accordance with the terms and conditions of the contracts in existence on May 21, 1996, to the same extent as if such contracts had originally been entered into by and between such entity, corporation, agency, enterprise or person and the department of children's services, unless and until such contracts or leases are amended or modified by the parties thereto or until the expiration of such contract.
(b) This chapter shall not be implemented in any manner that violates the prohibition against impairment of contract obligations as contained in article I, § 20 of the Constitution of Tennessee.
Acts 1996, ch. 1079, § 11.
Tenn. Code Ann. § 37-1-305 — TN Code / Title 37 / Chapter 1 / Section 37-1-305
Grounds for relief
Status: in_force

Relief under this part shall be granted when petitioner's commitment is void or voidable because of the abridgement in any way of any right guaranteed by the laws or constitution of this state, or the Constitution of the United States, including a right that was not recognized as existing at the time of the trial if either constitution requires retrospective application of that right. Acts 1978, ch. 750, § 5; T.C.A., § 37-1705.
Relief under this part shall be granted when petitioner's commitment is void or voidable because of the abridgement in any way of any right guaranteed by the laws or constitution of this state, or the Constitution of the United States, including a right that was not recognized as existing at the time of the trial if either constitution requires retrospective application of that right.
Acts 1978, ch. 750, § 5; T.C.A., § 37-1705.
Tenn. Code Ann. § 37-5-306 — TN Code / Title 37 / Chapter 5 / Section 37-5-306
Community services agency board - Powers
Status: in_force

The board has the following powers and duties in addition to the powers and duties granted to or imposed upon it by other sections of this part to: (1) Adopt written policies, procedures or rules and regulations to govern its internal operations. If such rules and regulations are proposed, they must be submitted for prior approval to the commissioner; (2) Make and execute contracts and all other instruments necessary or convenient for the exercise of its duties and responsibilities under this part. All contracts pertaining to acquisitions and improvement of real property, pursuant to § 4-15-102 , must be approved in advance by the commissioner and the state building commission. Contracts for services must be approved pursuant to rules and regulations promulgated by the commissioner; (3) Acquire or dispose of in the name of the board, real or personal property or any interest therein, including rights or easements, on either a temporary or long-term basis by gift, purchase, transfer, foreclosure, lease or otherwise, subject to subdivision (2); (4) Procure insurance in amounts and from insurers that it deems desirable to protect itself in carrying out its duties and responsibilities under this part; (5) Seek assistance from the commissioner of finance and administration, the comptroller of the treasury, the state treasurer and other state agencies; (6) Receive, administer, allocate and disburse funds made available under this part, funds and contributions from private or local public sources that may be used in support of a community services program, and funds made available under any federal or state assistance program for which an agency organized in accordance with this part may serve as grantee, contractor or sponsor of projects appropriate for inclusion in community services programs; (7) Perform other acts necessary or convenient to exercise the powers granted or reasonably implied in this part; (8) Procure goods, materials, supplies and equipment in accordance with applicable state or federal guidelines, and where practical, on a competitive basis; and (9) Contract with other state agencies to provide services to those agencies as deemed appropriate by the board. Acts 1989, ch. 567, § 6; T.C.A., § 68-2-1106; Acts 1996, ch. 1079, § 149.
The board has the following powers and duties in addition to the powers and duties granted to or imposed upon it by other sections of this part to:
(1) Adopt written policies, procedures or rules and regulations to govern its internal operations. If such rules and regulations are proposed, they must be submitted for prior approval to the commissioner;
(2) Make and execute contracts and all other instruments necessary or convenient for the exercise of its duties and responsibilities under this part. All contracts pertaining to acquisitions and improvement of real property, pursuant to § 4-15-102 , must be approved in advance by the commissioner and the state building commission. Contracts for services must be approved pursuant to rules and regulations promulgated by the commissioner;
(3) Acquire or dispose of in the name of the board, real or personal property or any interest therein, including rights or easements, on either a temporary or long-term basis by gift, purchase, transfer, foreclosure, lease or otherwise, subject to subdivision (2);
(4) Procure insurance in amounts and from insurers that it deems desirable to protect itself in carrying out its duties and responsibilities under this part;
(5) Seek assistance from the commissioner of finance and administration, the comptroller of the treasury, the state treasurer and other state agencies;
(6) Receive, administer, allocate and disburse funds made available under this part, funds and contributions from private or local public sources that may be used in support of a community services program, and funds made available under any federal or state assistance program for which an agency organized in accordance with this part may serve as grantee, contractor or sponsor of projects appropriate for inclusion in community services programs;
(7) Perform other acts necessary or convenient to exercise the powers granted or reasonably implied in this part;
(8) Procure goods, materials, supplies and equipment in accordance with applicable state or federal guidelines, and where practical, on a competitive basis; and
(9) Contract with other state agencies to provide services to those agencies as deemed appropriate by the board.
Acts 1989, ch. 567, § 6; T.C.A., § 68-2-1106; Acts 1996, ch. 1079, § 149.
Tenn. Code Ann. § 37-5-603 — TN Code / Title 37 / Chapter 5 / Section 37-5-603
Establishment of demonstration program - State advisory committee - Reporting
Status: in_force

(a) (1) No later than July 1, 2006, the department shall establish a demonstration program that conforms to the requirements of this part and carries out its purposes in at least three (3) but no more than five (5) areas of the state selected by the department. The multi-level response system shall be designed to protect children from maltreatment, through the effective use of available community-based public and private services. The program should be staffed by case managers and other personnel and child protective services investigators, as called for in this part. There shall be at least one (1) area in each grand division of the state. Areas may be composed of any combination of one (1) or more counties. No later than July 1, 2007, the demonstration program shall be expanded to include a total of no less than ten (10) areas of the state selected by the department. No later than July 1, 2010, the program shall be implemented in all areas of the state. (2) To facilitate accomplishment of the purposes of this part, the department shall establish a state advisory committee composed of representatives from the offices of the commissioners of correction, education, health, human services, mental health and substance abuse services, and disability and aging, the commission on children and youth, and any other state or community-based public or private agency or office that the department determines serves children or families in ways that might be used in the demonstration program. The department shall pursue the creation of such interagency agreements permitted by law as will enable the department to accomplish the purposes of this part. (b) The department shall advise the governor, the judiciary committee of the senate, the civil justice committee of the house of representatives, and the health and welfare committee of the senate of the progress the department is making toward implementation of the program by providing them with a summary progress report highlighting key implementation activities, including, but not limited to, site selection, timelines, barriers to implementation, identification of needed resources, interagency cooperation, and progress in establishing local advisory committees, on October 1, 2005, and every six (6) months thereafter, until statewide implementation is achieved. After the first year of operation of the program, the department shall include in its report any recommendations for changes in the law, including whether there are any kinds of cases investigated under chapter 1, parts 4 and 6 of this title, that the experience of the department shows can be safely excluded from mandatory investigation under those parts. Amended by 2024 Tenn. Acts, ch. 688,s 128, eff. 7/1/2024. Amended by 2021 Tenn. Acts, ch. 64, s 38, eff. 3/29/2021. Amended by 2019 Tenn. Acts, ch. 345, s 48, eff. 5/10/2019. Amended by 2013 Tenn. Acts, ch. 236, s 28, eff. 4/19/2013. Acts 2005, ch. 391, § 4; 2010 , ch. 1100, § 64; 2011 , ch. 410, § 3(y); 2012 , ch. 575, § 2.
(a) (1) No later than July 1, 2006, the department shall establish a demonstration program that conforms to the requirements of this part and carries out its purposes in at least three (3) but no more than five (5) areas of the state selected by the department. The multi-level response system shall be designed to protect children from maltreatment, through the effective use of available community-based public and private services. The program should be staffed by case managers and other personnel and child protective services investigators, as called for in this part. There shall be at least one (1) area in each grand division of the state. Areas may be composed of any combination of one (1) or more counties. No later than July 1, 2007, the demonstration program shall be expanded to include a total of no less than ten (10) areas of the state selected by the department. No later than July 1, 2010, the program shall be implemented in all areas of the state. (2) To facilitate accomplishment of the purposes of this part, the department shall establish a state advisory committee composed of representatives from the offices of the commissioners of correction, education, health, human services, mental health and substance abuse services, and disability and aging, the commission on children and youth, and any other state or community-based public or private agency or office that the department determines serves children or families in ways that might be used in the demonstration program. The department shall pursue the creation of such interagency agreements permitted by law as will enable the department to accomplish the purposes of this part.
(1) No later than July 1, 2006, the department shall establish a demonstration program that conforms to the requirements of this part and carries out its purposes in at least three (3) but no more than five (5) areas of the state selected by the department. The multi-level response system shall be designed to protect children from maltreatment, through the effective use of available community-based public and private services. The program should be staffed by case managers and other personnel and child protective services investigators, as called for in this part. There shall be at least one (1) area in each grand division of the state. Areas may be composed of any combination of one (1) or more counties. No later than July 1, 2007, the demonstration program shall be expanded to include a total of no less than ten (10) areas of the state selected by the department. No later than July 1, 2010, the program shall be implemented in all areas of the state.
(2) To facilitate accomplishment of the purposes of this part, the department shall establish a state advisory committee composed of representatives from the offices of the commissioners of correction, education, health, human services, mental health and substance abuse services, and disability and aging, the commission on children and youth, and any other state or community-based public or private agency or office that the department determines serves children or families in ways that might be used in the demonstration program. The department shall pursue the creation of such interagency agreements permitted by law as will enable the department to accomplish the purposes of this part.
(b) The department shall advise the governor, the judiciary committee of the senate, the civil justice committee of the house of representatives, and the health and welfare committee of the senate of the progress the department is making toward implementation of the program by providing them with a summary progress report highlighting key implementation activities, including, but not limited to, site selection, timelines, barriers to implementation, identification of needed resources, interagency cooperation, and progress in establishing local advisory committees, on October 1, 2005, and every six (6) months thereafter, until statewide implementation is achieved. After the first year of operation of the program, the department shall include in its report any recommendations for changes in the law, including whether there are any kinds of cases investigated under chapter 1, parts 4 and 6 of this title, that the experience of the department shows can be safely excluded from mandatory investigation under those parts.
Amended by 2024 Tenn. Acts, ch. 688,s 128, eff. 7/1/2024.
Amended by 2021 Tenn. Acts, ch. 64, s 38, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 345, s 48, eff. 5/10/2019.
Amended by 2013 Tenn. Acts, ch. 236, s 28, eff. 4/19/2013.
Acts 2005, ch. 391, § 4; 2010 , ch. 1100, § 64; 2011 , ch. 410, § 3(y); 2012 , ch. 575, § 2.
Tenn. Code Ann. § 37-1-171 — TN Code / Title 37 / Chapter 1 / Section 37-1-171
Written orders - Presumptions - Forms
Status: in_force

(a) When a court desires to commit a child to the department of children's services under this part, it shall do so by written order that finds that the child has been adjudicated dependent and neglected, unruly, delinquent or meets the criteria in § 37-1-175 . If the written order fails to make a specific adjudication of the child, it shall be presumed that the court has found the child dependent and neglected. Commitments to the department shall be consistent with all other laws regarding adjudication and commitment to the department. Nothing in this part shall be interpreted as prohibiting taking children into emergency protective services custody without a prior adjudication. (b) When a court commits a child to the department, the court shall address the issue of child support under § 37-1-151(b) . (c) The department shall prepare a form for the court to use when committing a child to custody. Such form shall be completed and transmitted along with the court's commitment order to the department at the time of the child's commitment. Acts 1996, ch. 1079, § 72; 2000, ch. 947, § 8G.
(a) When a court desires to commit a child to the department of children's services under this part, it shall do so by written order that finds that the child has been adjudicated dependent and neglected, unruly, delinquent or meets the criteria in § 37-1-175 . If the written order fails to make a specific adjudication of the child, it shall be presumed that the court has found the child dependent and neglected. Commitments to the department shall be consistent with all other laws regarding adjudication and commitment to the department. Nothing in this part shall be interpreted as prohibiting taking children into emergency protective services custody without a prior adjudication.
(b) When a court commits a child to the department, the court shall address the issue of child support under § 37-1-151(b) .
(c) The department shall prepare a form for the court to use when committing a child to custody. Such form shall be completed and transmitted along with the court's commitment order to the department at the time of the child's commitment.
Acts 1996, ch. 1079, § 72; 2000, ch. 947, § 8G.
Tenn. Code Ann. § 37-5-404 — TN Code / Title 37 / Chapter 5 / Section 37-5-404
Consent to take child out of state
Status: in_force

(a) No child shall be taken or sent out of the state for the purpose of placing the child in a foster home or in a child-caring institution without first obtaining the written consent of the department of human services. (b) All out-of-state placements shall be cleared with the proper authorities of the receiving state by the department. (c) The foster home or child-caring institution in which the child is placed shall report to the department at such times and through such agency and in such form as the department may direct as to the location and well-being of such child. (d) A violation of this section is a Class C misdemeanor. Acts 1951, ch. 116, § 1 (Williams § 4737.1); impl. am. Acts 1975, ch. 219, § 1 (a, b); T.C.A. (orig. ed.), §§ 14-1508, 14-9-204; Acts 1989, ch. 591, § 113; T.C.A., § 71-3-404; Acts 1996, ch. 1079, § 157.
(a) No child shall be taken or sent out of the state for the purpose of placing the child in a foster home or in a child-caring institution without first obtaining the written consent of the department of human services.
(b) All out-of-state placements shall be cleared with the proper authorities of the receiving state by the department.
(c) The foster home or child-caring institution in which the child is placed shall report to the department at such times and through such agency and in such form as the department may direct as to the location and well-being of such child.
(d) A violation of this section is a Class C misdemeanor.
Acts 1951, ch. 116, § 1 (Williams § 4737.1); impl. am. Acts 1975, ch. 219, § 1 (a, b); T.C.A. (orig. ed.), §§ 14-1508, 14-9-204; Acts 1989, ch. 591, § 113; T.C.A., § 71-3-404; Acts 1996, ch. 1079, § 157.
Tenn. Code Ann. § 37-3-605 — TN Code / Title 37 / Chapter 3 / Section 37-3-605
Statute implementation
Status: in_force

Beginning with fiscal year 1994-1995, the departments of children's services, mental health and substance abuse services, and disability and aging shall jointly implement the program of family preservation services at a level sufficient to meet the need for such services across the state. Effective July 1, 1998, the department of children's services shall have sole responsibility for implementing this part. Amended by 2024 Tenn. Acts, ch. 688,s 125, eff. 7/1/2024. Acts 1994, ch. 974, § 4; 1996, ch. 1079, § 73; 1998, ch. 1097, § 27; Acts 2000, ch. 947, § 6; 2010 , ch. 1100, § 59; 2012 , ch. 575, § 1.
Beginning with fiscal year 1994-1995, the departments of children's services, mental health and substance abuse services, and disability and aging shall jointly implement the program of family preservation services at a level sufficient to meet the need for such services across the state. Effective July 1, 1998, the department of children's services shall have sole responsibility for implementing this part.
Amended by 2024 Tenn. Acts, ch. 688,s 125, eff. 7/1/2024.
Acts 1994, ch. 974, § 4; 1996, ch. 1079, § 73; 1998, ch. 1097, § 27; Acts 2000, ch. 947, § 6; 2010 , ch. 1100, § 59; 2012 , ch. 575, § 1.
Tenn. Code Ann. § 37-2-416 — TN Code / Title 37 / Chapter 2 / Section 37-2-416
Notice of hearing to foster parent, adoptive parent or relative providing care
Status: in_force

(a) The department shall notify the foster parents, if any, or any prospective adoptive parent or relative providing care for the child in state custody with notice of any review or hearing to be held with respect to the child. The foster parents, if any, of such a child and any prospective adoptive parent or relative providing care for the child shall be provided with notice of the right to be heard in any review or hearing to be held with respect to the child, except that this section shall not be construed to require that any foster parent, prospective adoptive parent, or relative providing care for the child who has served as the physical placement for the child for a period of fewer than nine (9) continuous months be made a party to such a review or hearing solely on the basis of such notice and right to be heard. (b) Any foster parent who has served as the physical placement for the child for a period of nine (9) or more continuous months shall be permitted to appear for the sole purpose of presenting evidence with regard to the best interests of the child. (c) At each hearing, the court shall determine whether the department has complied with this section. Amended by 2023 Tenn. Acts, ch. 263, s 13, eff. 7/1/2023. Acts 1998, ch. 1097, § 22; 2007 , ch. 372, § 11; 2008 , ch. 906, § 3.
(a) The department shall notify the foster parents, if any, or any prospective adoptive parent or relative providing care for the child in state custody with notice of any review or hearing to be held with respect to the child. The foster parents, if any, of such a child and any prospective adoptive parent or relative providing care for the child shall be provided with notice of the right to be heard in any review or hearing to be held with respect to the child, except that this section shall not be construed to require that any foster parent, prospective adoptive parent, or relative providing care for the child who has served as the physical placement for the child for a period of fewer than nine (9) continuous months be made a party to such a review or hearing solely on the basis of such notice and right to be heard.
(b) Any foster parent who has served as the physical placement for the child for a period of nine (9) or more continuous months shall be permitted to appear for the sole purpose of presenting evidence with regard to the best interests of the child.
(c) At each hearing, the court shall determine whether the department has complied with this section.
Amended by 2023 Tenn. Acts, ch. 263, s 13, eff. 7/1/2023.
Acts 1998, ch. 1097, § 22; 2007 , ch. 372, § 11; 2008 , ch. 906, § 3.
Tenn. Code Ann. § 37-1-407 — TN Code / Title 37 / Chapter 1 / Section 37-1-407
Guidelines for child safety training programs
Status: in_force

By January 1, 2019, the department shall develop instructional guidelines for child safety training programs for members of professions that frequently deal with children who may be at risk of abuse, which programs include the common signs of child abuse, human trafficking when a child is the victim, and child sexual abuse; how to identify children at risk of abuse, human trafficking, or sexual abuse; and the reporting requirements of this part. The department shall work with each licensing board to ensure that any child safety training program created by a licensing board fully and accurately reflects the best practices for identifying and reporting child abuse, human trafficking when a child is the victim, and child sexual abuse as appropriate for each profession. Added by 2018 Tenn. Acts, ch. 964,s 1, eff. 5/15/2018.
By January 1, 2019, the department shall develop instructional guidelines for child safety training programs for members of professions that frequently deal with children who may be at risk of abuse, which programs include the common signs of child abuse, human trafficking when a child is the victim, and child sexual abuse; how to identify children at risk of abuse, human trafficking, or sexual abuse; and the reporting requirements of this part. The department shall work with each licensing board to ensure that any child safety training program created by a licensing board fully and accurately reflects the best practices for identifying and reporting child abuse, human trafficking when a child is the victim, and child sexual abuse as appropriate for each profession.
Added by 2018 Tenn. Acts, ch. 964,s 1, eff. 5/15/2018.
Tenn. Code Ann. § 37-1-109 — TN Code / Title 37 / Chapter 1 / Section 37-1-109
Transfer of criminal cases from other courts
Status: in_force

(a) If it appears to the court in a criminal proceeding that the defendant is a child, the court shall forthwith transfer the case to the juvenile court, together with a copy of the accusatory pleading and other papers, documents and transcripts of testimony relating to the case. (b) It shall order that the defendant be taken forthwith to the juvenile court or to a place of detention designated by the juvenile court, or release the defendant to the custody of the defendant's parent, guardian, custodian or other person legally responsible for the defendant, to be brought before the juvenile court at a time designated by that court. (c) The accusatory pleading may serve in lieu of a petition in the juvenile court unless that court directs the filing of a petition. Acts 1970, ch. 600, § 9; T.C.A., § 37-209.
(a) If it appears to the court in a criminal proceeding that the defendant is a child, the court shall forthwith transfer the case to the juvenile court, together with a copy of the accusatory pleading and other papers, documents and transcripts of testimony relating to the case.
(b) It shall order that the defendant be taken forthwith to the juvenile court or to a place of detention designated by the juvenile court, or release the defendant to the custody of the defendant's parent, guardian, custodian or other person legally responsible for the defendant, to be brought before the juvenile court at a time designated by that court.
(c) The accusatory pleading may serve in lieu of a petition in the juvenile court unless that court directs the filing of a petition.
Acts 1970, ch. 600, § 9; T.C.A., § 37-209.
Tenn. Code Ann. § 37-1-601 — TN Code / Title 37 / Chapter 1 / Section 37-1-601
Prevention of child sexual abuse deemed priority of state - Comprehensive approach - Purpose and construction of part
Status: in_force

(a) The general assembly finds and declares that: (1) The incidence of child sexual abuse has a tremendous impact on the victimized child, siblings, family structure, and inevitably on all citizens of this state; (2) The detection, intervention, prevention and treatment of child sexual abuse, including a focus on the sexual abuse that occurs within the home, shall be a priority of this state; (3) Sexual abuse in any form is destructive to the physical and mental health of a child; (4) Ninety-three percent (93%) of all sexual abuse is inflicted by a family member or acquaintance in the child's home environment; (5) It is necessary that curriculum addressing sexual abuse include a focus on the in-home abuse; and (6) A comprehensive approach for the detection, intervention, prevention and treatment of child sexual abuse, including such abuse that may occur in the home, should be developed for the state and that this planned, comprehensive approach should be used as a basis for funding. (b) The purpose of this part shall be the same as that of part 4 of this chapter, and, except as may be expressly herein provided, the provisions of this part shall not be construed as repealing any provisions of part 4 of this chapter or of any other statute, but shall be supplementary thereto and cumulative thereof. Amended by 2014 Tenn. Acts, ch. 706,s 2, eff. 7/1/2014. Acts 1985, ch. 478, § 2; 1987, ch. 145, § 1.
(a) The general assembly finds and declares that: (1) The incidence of child sexual abuse has a tremendous impact on the victimized child, siblings, family structure, and inevitably on all citizens of this state; (2) The detection, intervention, prevention and treatment of child sexual abuse, including a focus on the sexual abuse that occurs within the home, shall be a priority of this state; (3) Sexual abuse in any form is destructive to the physical and mental health of a child; (4) Ninety-three percent (93%) of all sexual abuse is inflicted by a family member or acquaintance in the child's home environment; (5) It is necessary that curriculum addressing sexual abuse include a focus on the in-home abuse; and (6) A comprehensive approach for the detection, intervention, prevention and treatment of child sexual abuse, including such abuse that may occur in the home, should be developed for the state and that this planned, comprehensive approach should be used as a basis for funding.
(1) The incidence of child sexual abuse has a tremendous impact on the victimized child, siblings, family structure, and inevitably on all citizens of this state;
(2) The detection, intervention, prevention and treatment of child sexual abuse, including a focus on the sexual abuse that occurs within the home, shall be a priority of this state;
(3) Sexual abuse in any form is destructive to the physical and mental health of a child;
(4) Ninety-three percent (93%) of all sexual abuse is inflicted by a family member or acquaintance in the child's home environment;
(5) It is necessary that curriculum addressing sexual abuse include a focus on the in-home abuse; and
(6) A comprehensive approach for the detection, intervention, prevention and treatment of child sexual abuse, including such abuse that may occur in the home, should be developed for the state and that this planned, comprehensive approach should be used as a basis for funding.
(b) The purpose of this part shall be the same as that of part 4 of this chapter, and, except as may be expressly herein provided, the provisions of this part shall not be construed as repealing any provisions of part 4 of this chapter or of any other statute, but shall be supplementary thereto and cumulative thereof.
Amended by 2014 Tenn. Acts, ch. 706,s 2, eff. 7/1/2014.
Acts 1985, ch. 478, § 2; 1987, ch. 145, § 1.
Tenn. Code Ann. § 37-3-107 — TN Code / Title 37 / Chapter 3 / Section 37-3-107
References to predecessors - Prior contracts, rules, etc
Status: in_force

References to the commission on children and youth, the office of child development, the children's services commission, and the juvenile justice commission appearing elsewhere in Tennessee Code Annotated are deemed to be references to the commission on children and youth. All contracts and leases entered into by the children's services commission and by the juvenile justice commission shall continue in full force and effect as to all essential provisions in accordance with the terms and conditions of the contract in existence on July 1, 1988, unless and until such contracts or leases expire or are duly amended or modified by the parties thereto. All rules, orders, and decisions promulgated or issued by the children's services commission or the juvenile justice commission prior to, and in effect on July 1, 1988, shall remain in force and effect and shall be administered and enforced by the commission on children and youth until duly amended, repealed, expired, modified or superseded. Acts 1988, ch. 979, § 2.
References to the commission on children and youth, the office of child development, the children's services commission, and the juvenile justice commission appearing elsewhere in Tennessee Code Annotated are deemed to be references to the commission on children and youth. All contracts and leases entered into by the children's services commission and by the juvenile justice commission shall continue in full force and effect as to all essential provisions in accordance with the terms and conditions of the contract in existence on July 1, 1988, unless and until such contracts or leases expire or are duly amended or modified by the parties thereto. All rules, orders, and decisions promulgated or issued by the children's services commission or the juvenile justice commission prior to, and in effect on July 1, 1988, shall remain in force and effect and shall be administered and enforced by the commission on children and youth until duly amended, repealed, expired, modified or superseded.
Acts 1988, ch. 979, § 2.
Tenn. Code Ann. § 37-5-214 — TN Code / Title 37 / Chapter 5 / Section 37-5-214
Use of seclusion at juvenile detention facilities
Status: in_force

(a) As used in this section: (1) "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; and (2) "Temporary" means for no more than two (2) hours. (b) This section applies to juvenile detention facilities approved, certified, or licensed by the department of children's services, including youth development centers. (c) Seclusion shall not be used for discipline, punishment, administrative convenience, retaliation, staffing shortages, or any reason other than a temporary response to behavior that threatens immediate harm to a youth or others. Following a period of seclusion, the facility administrator may review the seclusion and authorize an additional two-hour period of seclusion if appropriate. The facility administrator shall not authorize more than two (2) subsequent, consecutive periods of seclusion or more than six (6) total hours of seclusion within a twenty-four-hour period. The department may, by rule or policy, provide alternative options for a child who cannot safely rejoin the rest of the resident population following the maximum period of seclusion authorized by this subsection (c). Added by 2021 Tenn. Acts, ch. 492, s 1, eff. 5/25/2021.
(a) As used in this section: (1) "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; and (2) "Temporary" means for no more than two (2) hours.
(1) "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; and
(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; and
(2) "Temporary" means for no more than two (2) hours.
(b) This section applies to juvenile detention facilities approved, certified, or licensed by the department of children's services, including youth development centers.
(c) Seclusion shall not be used for discipline, punishment, administrative convenience, retaliation, staffing shortages, or any reason other than a temporary response to behavior that threatens immediate harm to a youth or others. Following a period of seclusion, the facility administrator may review the seclusion and authorize an additional two-hour period of seclusion if appropriate. The facility administrator shall not authorize more than two (2) subsequent, consecutive periods of seclusion or more than six (6) total hours of seclusion within a twenty-four-hour period. The department may, by rule or policy, provide alternative options for a child who cannot safely rejoin the rest of the resident population following the maximum period of seclusion authorized by this subsection (c).
Added by 2021 Tenn. Acts, ch. 492, s 1, eff. 5/25/2021.
Tenn. Code Ann. § 37-5-506 — TN Code / Title 37 / Chapter 5 / Section 37-5-506
Selection and supervision of foster homes
Status: in_force

(a) Child placing agencies, in placing children in private families, shall safeguard their welfare by a thorough investigation of each applicant and its home and its environment, carefully select the home in which the child is placed, and personally and adequately supervise each home and child until the child is legally adopted or released. (b) All children placed in private families shall be, as far as it is practicable, placed with those of the same religious faith as the children themselves, or their parents. Acts 2000, ch. 981, § 24.
(a) Child placing agencies, in placing children in private families, shall safeguard their welfare by a thorough investigation of each applicant and its home and its environment, carefully select the home in which the child is placed, and personally and adequately supervise each home and child until the child is legally adopted or released.
(b) All children placed in private families shall be, as far as it is practicable, placed with those of the same religious faith as the children themselves, or their parents.
Acts 2000, ch. 981, § 24.
Tenn. Code Ann. § 37-3-405 — TN Code / Title 37 / Chapter 3 / Section 37-3-405
Volunteers' duties
Status: in_force

It is the duty of the director to recruit volunteers who will: (1) Write the juvenile to whom the volunteer is assigned approximately one (1) time per week during the period the juvenile remains within a correctional institution; (2) Personally contact the juvenile approximately one (1) time per week after the juvenile's release from the correctional institution and until the juvenile reaches twenty-one (21) years of age; and (3) Prepare periodic reports as required, which shall be submitted to the director, evaluating the progress of the juvenile to whom the volunteer is assigned. Acts 1970, ch. 602, § 5; T.C.A., § 37-1305.
It is the duty of the director to recruit volunteers who will:
(1) Write the juvenile to whom the volunteer is assigned approximately one (1) time per week during the period the juvenile remains within a correctional institution;
(2) Personally contact the juvenile approximately one (1) time per week after the juvenile's release from the correctional institution and until the juvenile reaches twenty-one (21) years of age; and
(3) Prepare periodic reports as required, which shall be submitted to the director, evaluating the progress of the juvenile to whom the volunteer is assigned.
Acts 1970, ch. 602, § 5; T.C.A., § 37-1305.
Tenn. Code Ann. § 37-5-515 — TN Code / Title 37 / Chapter 5 / Section 37-5-515
Board of review for licensing actions
Status: in_force

Actions by the department to deny or revoke or to otherwise limit any license, except for the summary suspension of a license, shall be reviewed by the child care agency board of review established pursuant to title 71, chapter 3, part 5. Acts 2000, ch. 981, § 33.
Actions by the department to deny or revoke or to otherwise limit any license, except for the summary suspension of a license, shall be reviewed by the child care agency board of review established pursuant to title 71, chapter 3, part 5.
Acts 2000, ch. 981, § 33.
Tenn. Code Ann. § 37-1-155 — TN Code / Title 37 / Chapter 1 / Section 37-1-155
Fingerprints and photographs - Use - When destroyed - Video and audio recordings
Status: in_force

(a) (1) No child shall be fingerprinted or photographed in the investigation of delinquent acts without the permission of the court, unless the child is charged with a delinquent act that, if committed by an adult, would constitute a felony, in which case the child shall be fingerprinted and photographed at the time the child is taken into custody and such fingerprint file may be maintained in an automated fingerprint identification system. Such fingerprint file and photograph shall only be accessible to law enforcement officers, except as provided in § 37-1-154 , and shall be maintained separate and apart from adult fingerprint files. The custody and maintenance of those fingerprints and photographs shall be the responsibility of the agency taking the child into custody. (2) Law enforcement agencies shall not disclose such fingerprint or photograph files, except as permitted under § 37-1-154 . (b) (1) Fingerprint and photograph records shall be destroyed: (A) If the child is charged with a misdemeanor offense and is not adjudicated a delinquent child; or (B) If a petition alleging delinquency is not filed or the case is transferred to the juvenile court as provided in § 37-1-109 . (2) If the child is charged with a felony and is not adjudicated a delinquent child, the fingerprint and photograph records shall be maintained until the subject reaches eighteen (18) years of age. The record is then subject to expunction at the direction of the court. (3) If the child is adjudicated a delinquent child on a felony offense, the fingerprint and photograph records shall be maintained permanently. (4) If the child is adjudicated a delinquent child on a misdemeanor offense, the fingerprint and photograph records shall be maintained until the child reaches eighteen (18) years of age, or permanently if the child was fourteen (14) years of age or older when the offense was committed. (5) All fingerprint and photograph records maintained pursuant to the authority of this section shall be confidential and used for law enforcement purposes only, or as otherwise permitted by law. (c) If latent fingerprints are found during the investigation of an offense and a law enforcement officer has probable cause to believe that they are those of a particular child, such officer may fingerprint the child regardless of age or offense for purposes of immediate comparison with the latent fingerprints. If the comparison is negative, the fingerprint card and other copies of the fingerprints taken shall be immediately destroyed. If the child is not referred to the court or the case is dismissed, the fingerprints shall be immediately destroyed. (d) If during the investigation of an offense, a law enforcement officer receives a description of the offender and such law enforcement officer has reasonable suspicion to believe that the description is that of a particular child, such officer may photograph the child regardless of age or offense for purposes of identification. However, nothing in this subsection (d) shall be deemed as authorizing an unconstitutional seizure of a child for purposes of obtaining a photograph. (e) (1) Notwithstanding any other law to the contrary, a law enforcement officer, while acting in the course of official duties, may photograph, make a video recording or make an audio recording of a juvenile in the following circumstances: (A) The juvenile is in the process of committing an offense; (B) The law enforcement officer is conducting field sobriety tests based upon suspicion that the juvenile is driving under the influence of an intoxicant; or (C) The juvenile is the victim of an offense and consents to photographing or recording. However, any photograph or recording of the victim taken pursuant to this subdivision (e)(1)(C) shall be taken solely for use as evidence in the case being investigated and not for any other purpose except as is already provided in this section. (2) The photograph or recording shall be made solely for use as evidence, and if no charges are brought against the juvenile within the applicable statute of limitations for the offense under investigation, the photograph or recording shall be destroyed unless a court of competent jurisdiction orders otherwise. (3) Notwithstanding any other law to the contrary, the photograph or recording shall not be considered a public record and shall not be released to the public except by order of the court having jurisdiction over the charges brought against the juvenile. Acts 1970, ch. 600, § 53; impl. am. Acts 1971, ch. 162, § 3; T.C.A., § 37-253; Acts 1993, ch. 363, § 1; 1994, ch. 748, § 1; 2007, ch. 134, § 1.
(a) (1) No child shall be fingerprinted or photographed in the investigation of delinquent acts without the permission of the court, unless the child is charged with a delinquent act that, if committed by an adult, would constitute a felony, in which case the child shall be fingerprinted and photographed at the time the child is taken into custody and such fingerprint file may be maintained in an automated fingerprint identification system. Such fingerprint file and photograph shall only be accessible to law enforcement officers, except as provided in § 37-1-154 , and shall be maintained separate and apart from adult fingerprint files. The custody and maintenance of those fingerprints and photographs shall be the responsibility of the agency taking the child into custody. (2) Law enforcement agencies shall not disclose such fingerprint or photograph files, except as permitted under § 37-1-154 .
(1) No child shall be fingerprinted or photographed in the investigation of delinquent acts without the permission of the court, unless the child is charged with a delinquent act that, if committed by an adult, would constitute a felony, in which case the child shall be fingerprinted and photographed at the time the child is taken into custody and such fingerprint file may be maintained in an automated fingerprint identification system. Such fingerprint file and photograph shall only be accessible to law enforcement officers, except as provided in § 37-1-154 , and shall be maintained separate and apart from adult fingerprint files. The custody and maintenance of those fingerprints and photographs shall be the responsibility of the agency taking the child into custody.
(2) Law enforcement agencies shall not disclose such fingerprint or photograph files, except as permitted under § 37-1-154 .
(b) (1) Fingerprint and photograph records shall be destroyed: (A) If the child is charged with a misdemeanor offense and is not adjudicated a delinquent child; or (B) If a petition alleging delinquency is not filed or the case is transferred to the juvenile court as provided in § 37-1-109 . (2) If the child is charged with a felony and is not adjudicated a delinquent child, the fingerprint and photograph records shall be maintained until the subject reaches eighteen (18) years of age. The record is then subject to expunction at the direction of the court. (3) If the child is adjudicated a delinquent child on a felony offense, the fingerprint and photograph records shall be maintained permanently. (4) If the child is adjudicated a delinquent child on a misdemeanor offense, the fingerprint and photograph records shall be maintained until the child reaches eighteen (18) years of age, or permanently if the child was fourteen (14) years of age or older when the offense was committed. (5) All fingerprint and photograph records maintained pursuant to the authority of this section shall be confidential and used for law enforcement purposes only, or as otherwise permitted by law.
(1) Fingerprint and photograph records shall be destroyed: (A) If the child is charged with a misdemeanor offense and is not adjudicated a delinquent child; or (B) If a petition alleging delinquency is not filed or the case is transferred to the juvenile court as provided in § 37-1-109 .
(A) If the child is charged with a misdemeanor offense and is not adjudicated a delinquent child; or
(B) If a petition alleging delinquency is not filed or the case is transferred to the juvenile court as provided in § 37-1-109 .
(2) If the child is charged with a felony and is not adjudicated a delinquent child, the fingerprint and photograph records shall be maintained until the subject reaches eighteen (18) years of age. The record is then subject to expunction at the direction of the court.
(3) If the child is adjudicated a delinquent child on a felony offense, the fingerprint and photograph records shall be maintained permanently.
(4) If the child is adjudicated a delinquent child on a misdemeanor offense, the fingerprint and photograph records shall be maintained until the child reaches eighteen (18) years of age, or permanently if the child was fourteen (14) years of age or older when the offense was committed.
(5) All fingerprint and photograph records maintained pursuant to the authority of this section shall be confidential and used for law enforcement purposes only, or as otherwise permitted by law.
(c) If latent fingerprints are found during the investigation of an offense and a law enforcement officer has probable cause to believe that they are those of a particular child, such officer may fingerprint the child regardless of age or offense for purposes of immediate comparison with the latent fingerprints. If the comparison is negative, the fingerprint card and other copies of the fingerprints taken shall be immediately destroyed. If the child is not referred to the court or the case is dismissed, the fingerprints shall be immediately destroyed.
(d) If during the investigation of an offense, a law enforcement officer receives a description of the offender and such law enforcement officer has reasonable suspicion to believe that the description is that of a particular child, such officer may photograph the child regardless of age or offense for purposes of identification. However, nothing in this subsection (d) shall be deemed as authorizing an unconstitutional seizure of a child for purposes of obtaining a photograph.
(e) (1) Notwithstanding any other law to the contrary, a law enforcement officer, while acting in the course of official duties, may photograph, make a video recording or make an audio recording of a juvenile in the following circumstances: (A) The juvenile is in the process of committing an offense; (B) The law enforcement officer is conducting field sobriety tests based upon suspicion that the juvenile is driving under the influence of an intoxicant; or (C) The juvenile is the victim of an offense and consents to photographing or recording. However, any photograph or recording of the victim taken pursuant to this subdivision (e)(1)(C) shall be taken solely for use as evidence in the case being investigated and not for any other purpose except as is already provided in this section. (2) The photograph or recording shall be made solely for use as evidence, and if no charges are brought against the juvenile within the applicable statute of limitations for the offense under investigation, the photograph or recording shall be destroyed unless a court of competent jurisdiction orders otherwise. (3) Notwithstanding any other law to the contrary, the photograph or recording shall not be considered a public record and shall not be released to the public except by order of the court having jurisdiction over the charges brought against the juvenile.
(1) Notwithstanding any other law to the contrary, a law enforcement officer, while acting in the course of official duties, may photograph, make a video recording or make an audio recording of a juvenile in the following circumstances: (A) The juvenile is in the process of committing an offense; (B) The law enforcement officer is conducting field sobriety tests based upon suspicion that the juvenile is driving under the influence of an intoxicant; or (C) The juvenile is the victim of an offense and consents to photographing or recording. However, any photograph or recording of the victim taken pursuant to this subdivision (e)(1)(C) shall be taken solely for use as evidence in the case being investigated and not for any other purpose except as is already provided in this section.
(A) The juvenile is in the process of committing an offense;
(B) The law enforcement officer is conducting field sobriety tests based upon suspicion that the juvenile is driving under the influence of an intoxicant; or
(C) The juvenile is the victim of an offense and consents to photographing or recording. However, any photograph or recording of the victim taken pursuant to this subdivision (e)(1)(C) shall be taken solely for use as evidence in the case being investigated and not for any other purpose except as is already provided in this section.
(2) The photograph or recording shall be made solely for use as evidence, and if no charges are brought against the juvenile within the applicable statute of limitations for the offense under investigation, the photograph or recording shall be destroyed unless a court of competent jurisdiction orders otherwise.
(3) Notwithstanding any other law to the contrary, the photograph or recording shall not be considered a public record and shall not be released to the public except by order of the court having jurisdiction over the charges brought against the juvenile.
Acts 1970, ch. 600, § 53; impl. am. Acts 1971, ch. 162, § 3; T.C.A., § 37-253; Acts 1993, ch. 363, § 1; 1994, ch. 748, § 1; 2007, ch. 134, § 1.
Tenn. Code Ann. § 37-1-301 — TN Code / Title 37 / Chapter 1 / Section 37-1-301
Short title
Status: in_force

This part shall be known and may be cited as the "Juvenile Post-Commitment Procedures Act." Acts 1978, ch. 750, § 1; T.C.A., § 37-1701.
This part shall be known and may be cited as the "Juvenile Post-Commitment Procedures Act."
Acts 1978, ch. 750, § 1; T.C.A., § 37-1701.
Tenn. Code Ann. § 37-5-201 — TN Code / Title 37 / Chapter 5 / Section 37-5-201
Establishment - Coeducational programs
Status: in_force

(a) For the detention, treatment, rehabilitation and education of children found to be delinquent, there shall be youth development centers. Such centers shall be under the supervision and control of the commissioner of children's services. (b) Nothing in this chapter shall be construed so as to restrict or prohibit coeducational programs in any youth center for delinquent children. (c) The youth development center located in Fayette County is hereby renamed "The John S. Wilder Youth Development Center." (d) The educational facility located on the campus of the John S. Wilder Youth Development Center is named "The Barbara Ward Cooper Education Center." Amended by 2023 Tenn. Acts, ch. 98, s 1, eff. 3/31/2023. Acts 1955, ch. 127, § 1; modified; 1974, ch. 595, § 1; 1975, ch. 160, § 1; T.C.A., § 41-827; Acts 1989; ch. 278, § 57; T.C.A., § 41-5-105; Acts 1996, ch. 1079, § 137.
(a) For the detention, treatment, rehabilitation and education of children found to be delinquent, there shall be youth development centers. Such centers shall be under the supervision and control of the commissioner of children's services.
(b) Nothing in this chapter shall be construed so as to restrict or prohibit coeducational programs in any youth center for delinquent children.
(c) The youth development center located in Fayette County is hereby renamed "The John S. Wilder Youth Development Center."
(d) The educational facility located on the campus of the John S. Wilder Youth Development Center is named "The Barbara Ward Cooper Education Center."
Amended by 2023 Tenn. Acts, ch. 98, s 1, eff. 3/31/2023.
Acts 1955, ch. 127, § 1; modified; 1974, ch. 595, § 1; 1975, ch. 160, § 1; T.C.A., § 41-827; Acts 1989; ch. 278, § 57; T.C.A., § 41-5-105; Acts 1996, ch. 1079, § 137.
Tenn. Code Ann. § 37-10-103 — TN Code / Title 37 / Chapter 10 / Section 37-10-103
Circumstances under which parent or guardian liable
Status: in_force

(a) A parent or guardian shall be liable for the tortious activities of a minor child that cause injuries to persons or property where the parent or guardian knows, or should know, of the child's tendency to commit wrongful acts that can be expected to cause injury to persons or property and where the parent or guardian has an opportunity to control the child but fails to exercise reasonable means to restrain the tortious conduct. (b) A parent or guardian shall be presumed to know of a child's tendency to commit wrongful acts, if the child has previously been charged and found responsible for such actions. Acts 1957, ch. 76, § 3; 1981, ch. 161, § 3; T.C.A., § 37-1003; Acts 1985, ch. 439, § 2.
(a) A parent or guardian shall be liable for the tortious activities of a minor child that cause injuries to persons or property where the parent or guardian knows, or should know, of the child's tendency to commit wrongful acts that can be expected to cause injury to persons or property and where the parent or guardian has an opportunity to control the child but fails to exercise reasonable means to restrain the tortious conduct.
(b) A parent or guardian shall be presumed to know of a child's tendency to commit wrongful acts, if the child has previously been charged and found responsible for such actions.
Acts 1957, ch. 76, § 3; 1981, ch. 161, § 3; T.C.A., § 37-1003; Acts 1985, ch. 439, § 2.
Tenn. Code Ann. § 37-3-113 — TN Code / Title 37 / Chapter 3 / Section 37-3-113
Duties of council
Status: in_force

In addition to other duties imposed by law, the council shall also perform the following duties: (1) Facilitate interagency coordination and collaboration in the planning, funding, delivery and evaluation of a statewide system of mental health care for children; (2) Define accountability standards among all agencies and organizations that provide services and support relative to the mental health needs of children and their families; (3) Encourage the matching of federal funds required by federal grants for children's mental health initiatives; (4) Serve as an advocate within government and in the community for children's mental health care in this state; (5) Stimulate more effective use of existing resources and services for children, and develop programs, opportunities and services that are not otherwise provided for children, with the aim of developing a comprehensive and coordinated system for the delivery of mental health services to children in the state; (6) Assist the department of mental health and substance abuse services in the development of interagency agreements on services and supports for children; and (7) Determine, in consultation with appropriate research experts, which programs that are currently being used to serve or support children's mental health needs in the state are evidence-based, as defined by § 37-5-121 , research-based, as defined by § 37-5-121 and theory-based, as defined by § 37-5-121 . The council shall provide such findings in its annual report submitted in accordance with § 37-1-115 , including an explanation of the support for those findings. Acts 2008, ch. 1062, § 1; 2010, ch. 1100, § 58; 2012, ch. 575, § 1.
In addition to other duties imposed by law, the council shall also perform the following duties:
(1) Facilitate interagency coordination and collaboration in the planning, funding, delivery and evaluation of a statewide system of mental health care for children;
(2) Define accountability standards among all agencies and organizations that provide services and support relative to the mental health needs of children and their families;
(3) Encourage the matching of federal funds required by federal grants for children's mental health initiatives;
(4) Serve as an advocate within government and in the community for children's mental health care in this state;
(5) Stimulate more effective use of existing resources and services for children, and develop programs, opportunities and services that are not otherwise provided for children, with the aim of developing a comprehensive and coordinated system for the delivery of mental health services to children in the state;
(6) Assist the department of mental health and substance abuse services in the development of interagency agreements on services and supports for children; and
(7) Determine, in consultation with appropriate research experts, which programs that are currently being used to serve or support children's mental health needs in the state are evidence-based, as defined by § 37-5-121 , research-based, as defined by § 37-5-121 and theory-based, as defined by § 37-5-121 . The council shall provide such findings in its annual report submitted in accordance with § 37-1-115 , including an explanation of the support for those findings.
Acts 2008, ch. 1062, § 1; 2010, ch. 1100, § 58; 2012, ch. 575, § 1.
Tenn. Code Ann. § 37-2-319 — TN Code / Title 37 / Chapter 2 / Section 37-2-319
Violation of part - False statements or reports - Penalty
Status: in_force

Any person who violates this part or the regulations promulgated by the department of human services by direction of this part or who willfully makes any false statements or reports to the department or the county mayor, or both, of any county with reference to any matter embraced by this part commits a Class A misdemeanor. Acts 1949, ch. 222, § 19; C. Supp. 1950, § 4746.19 (Williams, § 4765.137); impl. am. Acts 1975, ch. 219, § 1; T.C.A. (orig. ed.), § 37-619; Acts 1989, ch. 591, § 111; 2003, ch. 90, § 2.
Any person who violates this part or the regulations promulgated by the department of human services by direction of this part or who willfully makes any false statements or reports to the department or the county mayor, or both, of any county with reference to any matter embraced by this part commits a Class A misdemeanor.
Acts 1949, ch. 222, § 19; C. Supp. 1950, § 4746.19 (Williams, § 4765.137); impl. am. Acts 1975, ch. 219, § 1; T.C.A. (orig. ed.), § 37-619; Acts 1989, ch. 591, § 111; 2003, ch. 90, § 2.
Tenn. Code Ann. § 37-1-113 — TN Code / Title 37 / Chapter 1 / Section 37-1-113
Taking into custody - Grounds
Status: in_force

(a) A child may be taken into custody: (1) Pursuant to an order of the court under this part; (2) Pursuant to the laws of arrest; (3) By a law enforcement officer, social worker of the department of human services, or duly authorized officer of the court, if there are reasonable grounds to believe that the conditions specified in § 37-1-114(a)(2) exist; or (4) By a law enforcement officer or duly authorized officer of the court if there are reasonable grounds to believe that the child has run away from the child's parents, guardian or other custodian. (b) The taking of a child into custody is not an arrest, except for the purpose of determining its validity under the Constitution of Tennessee or the Constitution of the United States. Acts 1970, ch. 600, § 13; 1977, ch. 482, § 14; 1981, ch. 247, § 2; T.C.A., § 37-213.
(a) A child may be taken into custody: (1) Pursuant to an order of the court under this part; (2) Pursuant to the laws of arrest; (3) By a law enforcement officer, social worker of the department of human services, or duly authorized officer of the court, if there are reasonable grounds to believe that the conditions specified in § 37-1-114(a)(2) exist; or (4) By a law enforcement officer or duly authorized officer of the court if there are reasonable grounds to believe that the child has run away from the child's parents, guardian or other custodian.
(1) Pursuant to an order of the court under this part;
(2) Pursuant to the laws of arrest;
(3) By a law enforcement officer, social worker of the department of human services, or duly authorized officer of the court, if there are reasonable grounds to believe that the conditions specified in § 37-1-114(a)(2) exist; or
(4) By a law enforcement officer or duly authorized officer of the court if there are reasonable grounds to believe that the child has run away from the child's parents, guardian or other custodian.
(b) The taking of a child into custody is not an arrest, except for the purpose of determining its validity under the Constitution of Tennessee or the Constitution of the United States.
Acts 1970, ch. 600, § 13; 1977, ch. 482, § 14; 1981, ch. 247, § 2; T.C.A., § 37-213.
Tenn. Code Ann. § 37-5-210 — TN Code / Title 37 / Chapter 5 / Section 37-5-210
Buildings and equipment
Status: in_force

The commissioner shall be authorized, subject to the approval of the governor, to erect all buildings necessary for the proper maintenance of the children committed to the department of children's services, and to purchase all things for the proper equipment of the youth centers, under appropriations made from time to time. Acts 1955, ch. 127, § 12; T.C.A., § 41-838; Acts 1989, ch. 278, § 68; T.C.A., § 41-5-116; Acts 1996, ch. 1079, § 137.
The commissioner shall be authorized, subject to the approval of the governor, to erect all buildings necessary for the proper maintenance of the children committed to the department of children's services, and to purchase all things for the proper equipment of the youth centers, under appropriations made from time to time.
Acts 1955, ch. 127, § 12; T.C.A., § 41-838; Acts 1989, ch. 278, § 68; T.C.A., § 41-5-116; Acts 1996, ch. 1079, § 137.
Tenn. Code Ann. § 37-3-701 — TN Code / Title 37 / Chapter 3 / Section 37-3-701
Short title
Status: in_force

This part shall be known and may be cited as the "Early Childhood Development Act of 1994." Acts 1994, ch. 974, § 1.
This part shall be known and may be cited as the "Early Childhood Development Act of 1994."
Acts 1994, ch. 974, § 1.
Tenn. Code Ann. § 37-2-305 — TN Code / Title 37 / Chapter 2 / Section 37-2-305
Inspection and license by department of human services required
Status: in_force

No home in any county shall be approved as a county receiving home until it has been inspected and licensed by the department of human services, and such license shall not be issued for a period longer than one (1) year. Acts 1949, ch. 222, § 6; C. Supp. 1950, § 4746.6 (Williams, § 4765.124); impl. am. Acts 1975, ch. 219, § 1; T.C.A. (orig. ed.), § 37-605.
No home in any county shall be approved as a county receiving home until it has been inspected and licensed by the department of human services, and such license shall not be issued for a period longer than one (1) year.
Acts 1949, ch. 222, § 6; C. Supp. 1950, § 4746.6 (Williams, § 4765.124); impl. am. Acts 1975, ch. 219, § 1; T.C.A. (orig. ed.), § 37-605.
Tenn. Code Ann. § 37-3-102 — TN Code / Title 37 / Chapter 3 / Section 37-3-102
Creation - Appointments - Meetings - Reimbursement
Status: in_force

(a) There is created a permanent commission to be known as the commission on children and youth. The commission shall serve as an informational resource and advocacy agency for the efficient and effective planning, enhancement and coordination of state, regional and local policies, programs and services to promote and protect the health, well-being and development of all children and youth in Tennessee. (b) The commission shall consist of twenty-one (21) members, to be appointed by the governor on the basis of broadly based and demonstrated leadership, interest, knowledge and activities concerning the problems and needs of children and youth. At least one (1) member of the commission shall be appointed from each of the state's nine (9) development districts. Membership shall include residents of urban as well as rural areas of the state. In making each appointment to the commission, the governor shall remain cognizant of, and shall give due consideration to, any applicable federal criteria that may be imposed pursuant to the provisions of the Juvenile Justice and Delinquency Prevention Act of 1974, compiled in 42 U.S.C. § 5601 et seq., as amended, and shall also remain cognizant of, and give due consideration to, the intent of this part that the commission shall act to promote and protect the health, well-being and development of all children and youth in Tennessee. In making appointments to the commission, the governor shall strive to ensure that at least one (1) person serving on the commission is sixty (60) years of age or older and that at least one (1) person serving on the commission is a member of a racial minority. (c) Each regular appointment to the commission shall be for a term of three (3) years, and every appointee shall serve until a successor has been appointed and has qualified. No member of the commission may be appointed to serve more than three (3) consecutive three-year terms. Any vacancy occurring on the commission shall be filled by appointment only for the remainder of the unexpired term. Following any member's three (3) successive absences from commission meetings, the chair may request the governor to declare a vacancy and to fill the unexpired term. (d) The commission shall maintain a permanent office in Nashville and shall meet at least four (4) times each year to transact business and perform its duties. The commission may meet at such other times and places as it deems necessary. (e) The governor shall appoint one (1) member of the commission to serve as chair for a term of three (3) years. (f) The commission may establish such subcommittees and ad hoc committees, and may convene such interdisciplinary advisory groups, as it may deem necessary to efficiently and effectively perform its duties and responsibilities. (g) Members of the commission shall receive no compensation for their services, but shall be reimbursed for travel and other expenses actually incurred in the performance of their official duties. Such reimbursement shall be paid in accordance with the provisions of the comprehensive out-of-state travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter. Amended by 2015 Tenn. Acts, ch. 422,s 1, eff. 5/8/2015. Acts 1988, ch. 979, § 2; 1988, ch. 1013, § 12.
(a) There is created a permanent commission to be known as the commission on children and youth. The commission shall serve as an informational resource and advocacy agency for the efficient and effective planning, enhancement and coordination of state, regional and local policies, programs and services to promote and protect the health, well-being and development of all children and youth in Tennessee.
(b) The commission shall consist of twenty-one (21) members, to be appointed by the governor on the basis of broadly based and demonstrated leadership, interest, knowledge and activities concerning the problems and needs of children and youth. At least one (1) member of the commission shall be appointed from each of the state's nine (9) development districts. Membership shall include residents of urban as well as rural areas of the state. In making each appointment to the commission, the governor shall remain cognizant of, and shall give due consideration to, any applicable federal criteria that may be imposed pursuant to the provisions of the Juvenile Justice and Delinquency Prevention Act of 1974, compiled in 42 U.S.C. § 5601 et seq., as amended, and shall also remain cognizant of, and give due consideration to, the intent of this part that the commission shall act to promote and protect the health, well-being and development of all children and youth in Tennessee. In making appointments to the commission, the governor shall strive to ensure that at least one (1) person serving on the commission is sixty (60) years of age or older and that at least one (1) person serving on the commission is a member of a racial minority.
(c) Each regular appointment to the commission shall be for a term of three (3) years, and every appointee shall serve until a successor has been appointed and has qualified. No member of the commission may be appointed to serve more than three (3) consecutive three-year terms. Any vacancy occurring on the commission shall be filled by appointment only for the remainder of the unexpired term. Following any member's three (3) successive absences from commission meetings, the chair may request the governor to declare a vacancy and to fill the unexpired term.
(d) The commission shall maintain a permanent office in Nashville and shall meet at least four (4) times each year to transact business and perform its duties. The commission may meet at such other times and places as it deems necessary.
(e) The governor shall appoint one (1) member of the commission to serve as chair for a term of three (3) years.
(f) The commission may establish such subcommittees and ad hoc committees, and may convene such interdisciplinary advisory groups, as it may deem necessary to efficiently and effectively perform its duties and responsibilities.
(g) Members of the commission shall receive no compensation for their services, but shall be reimbursed for travel and other expenses actually incurred in the performance of their official duties. Such reimbursement shall be paid in accordance with the provisions of the comprehensive out-of-state travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
Amended by 2015 Tenn. Acts, ch. 422,s 1, eff. 5/8/2015.
Acts 1988, ch. 979, § 2; 1988, ch. 1013, § 12.
Tenn. Code Ann. § 37-2-202 — TN Code / Title 37 / Chapter 2 / Section 37-2-202
Authority to establish department
Status: in_force

The various counties are hereby authorized to establish and operate a department of children's services to take custody and guardianship of the person of any child adjudicated dependent and neglected, unruly or delinquent by a juvenile court and placed in the custody of such department. Acts 1979, ch. 143, § 2; T.C.A., § 37-402.
The various counties are hereby authorized to establish and operate a department of children's services to take custody and guardianship of the person of any child adjudicated dependent and neglected, unruly or delinquent by a juvenile court and placed in the custody of such department.
Acts 1979, ch. 143, § 2; T.C.A., § 37-402.
Tenn. Code Ann. § 37-5-102 — TN Code / Title 37 / Chapter 5 / Section 37-5-102
Purpose
Status: in_force

(a) Through the department of children's services, the state of Tennessee, in cooperation with juvenile courts, local communities, schools and families will strive to provide timely, appropriate and cost-effective services for children in state custody and at risk of entering state custody so that these children can reach their full potential as productive, competent and healthy adults. The department is created to provide services to those children who are unruly, delinquent, dependent and neglected, and their respective families, as well as for children who are at imminent risk and in need of services to prevent entry into state custody, who are in state custody pending family reunification or other permanent placement, or as otherwise may be required for such children and their families pursuant to state law. In all cases, the services shall be to further the best interest of the child, and when appropriate, to preserve the relationship between the child and the family. Whenever possible, the services shall be provided in the community where the child lives and in a setting that is the least restrictive and, yet, the most beneficial to the child. For the children it serves, the department shall strive to: (1) Protect children from abuse, mistreatment or neglect; (2) Provide prevention, early intervention, rehabilitative and educational services; (3) Pursue appropriate and effective behavioral and mental health treatment; (4) Ensure that health care needs, both preventive and practical, are met; and (5) Keep children safe. (b) The department will work to preserve the safety and protect the standards in Tennessee communities through efforts to combat delinquency and other social ills concerning young people. The department shall work to continuously improve the management and coordination of services for the children and families of Tennessee identified in this section by ensuring thorough evaluations and assessments, appropriate and effective service delivery, timely permanency planning and supportive supervision and monitoring of the progress of children discharged from state custody. (c) The goal of the department must be to act in the best interest of the child at all times. That goal must be reflected in any mission statement or motto established by the department. Amended by 2023 Tenn. Acts, ch. 305, s 1, eff. 4/28/2023. Amended by 2015 Tenn. Acts, ch. 242, s 1, eff. 4/24/2015. Acts 1996, ch. 1079, § 3; 2008 , ch. 1044, § 1; 2012 , ch. 831, § 1, 2.
(a) Through the department of children's services, the state of Tennessee, in cooperation with juvenile courts, local communities, schools and families will strive to provide timely, appropriate and cost-effective services for children in state custody and at risk of entering state custody so that these children can reach their full potential as productive, competent and healthy adults. The department is created to provide services to those children who are unruly, delinquent, dependent and neglected, and their respective families, as well as for children who are at imminent risk and in need of services to prevent entry into state custody, who are in state custody pending family reunification or other permanent placement, or as otherwise may be required for such children and their families pursuant to state law. In all cases, the services shall be to further the best interest of the child, and when appropriate, to preserve the relationship between the child and the family. Whenever possible, the services shall be provided in the community where the child lives and in a setting that is the least restrictive and, yet, the most beneficial to the child. For the children it serves, the department shall strive to: (1) Protect children from abuse, mistreatment or neglect; (2) Provide prevention, early intervention, rehabilitative and educational services; (3) Pursue appropriate and effective behavioral and mental health treatment; (4) Ensure that health care needs, both preventive and practical, are met; and (5) Keep children safe.
(1) Protect children from abuse, mistreatment or neglect;
(2) Provide prevention, early intervention, rehabilitative and educational services;
(3) Pursue appropriate and effective behavioral and mental health treatment;
(4) Ensure that health care needs, both preventive and practical, are met; and
(5) Keep children safe.
(b) The department will work to preserve the safety and protect the standards in Tennessee communities through efforts to combat delinquency and other social ills concerning young people. The department shall work to continuously improve the management and coordination of services for the children and families of Tennessee identified in this section by ensuring thorough evaluations and assessments, appropriate and effective service delivery, timely permanency planning and supportive supervision and monitoring of the progress of children discharged from state custody.
(c) The goal of the department must be to act in the best interest of the child at all times. That goal must be reflected in any mission statement or motto established by the department.
Amended by 2023 Tenn. Acts, ch. 305, s 1, eff. 4/28/2023.
Amended by 2015 Tenn. Acts, ch. 242, s 1, eff. 4/24/2015.
Acts 1996, ch. 1079, § 3; 2008 , ch. 1044, § 1; 2012 , ch. 831, § 1, 2.
Tenn. Code Ann. § 37-5-209 — TN Code / Title 37 / Chapter 5 / Section 37-5-209
Records and accounts - Sale of unneeded property - Reports
Status: in_force

(a) The superintendents shall: (1) Keep complete records of all children, their conduct, character and aptitudes; (2) Keep a set of account books in which all expenses of the youth center shall be entered, and shall sign all vouchers; (3) Keep a record of all products made or raised on the grounds of the youth center; and (4) Sell such products as are not used or needed by the youth center, and make reports of such sales to the commissioner of children's services. (b) Their books and accounts shall at all times be open to the inspection of any state auditor. (c) They shall give bond payable to the state, for the safekeeping of all money or property belonging to the state coming into their possession. (d) They shall make quarterly reports to the commissioner of the income and expenditures of their youth centers, the number of children, their terms, names, ages and conduct. Acts 1955, ch. 127, § 10; impl. am. Acts 1955, ch. 102, § 1; T.C.A., § 41-836; Acts 1989, ch. 278, § 66; T.C.A., § 41-5-114; Acts 1996, ch. 1079, § 137.
(a) The superintendents shall: (1) Keep complete records of all children, their conduct, character and aptitudes; (2) Keep a set of account books in which all expenses of the youth center shall be entered, and shall sign all vouchers; (3) Keep a record of all products made or raised on the grounds of the youth center; and (4) Sell such products as are not used or needed by the youth center, and make reports of such sales to the commissioner of children's services.
(1) Keep complete records of all children, their conduct, character and aptitudes;
(2) Keep a set of account books in which all expenses of the youth center shall be entered, and shall sign all vouchers;
(3) Keep a record of all products made or raised on the grounds of the youth center; and
(4) Sell such products as are not used or needed by the youth center, and make reports of such sales to the commissioner of children's services.
(b) Their books and accounts shall at all times be open to the inspection of any state auditor.
(c) They shall give bond payable to the state, for the safekeeping of all money or property belonging to the state coming into their possession.
(d) They shall make quarterly reports to the commissioner of the income and expenditures of their youth centers, the number of children, their terms, names, ages and conduct.
Acts 1955, ch. 127, § 10; impl. am. Acts 1955, ch. 102, § 1; T.C.A., § 41-836; Acts 1989, ch. 278, § 66; T.C.A., § 41-5-114; Acts 1996, ch. 1079, § 137.
Tenn. Code Ann. § 37-5-519 — TN Code / Title 37 / Chapter 5 / Section 37-5-519
Departmental annual report
Status: in_force

(a) The department shall prepare a comprehensive annual report of the status of child care agencies within the state subject to its jurisdiction, accompanied by special comments and recommendations, and the department shall publish the report on the department's website for the public in conjunction with the department's annual report required by § 37-5-105(4) . (b) By March 1 of each year, the department shall make a presentation of the report to the appropriate committees of the senate and the house of representatives, as determined by each respective speaker. (c) The presentation shall describe, at a minimum, the information described in § 37-5-518(c) . Amended by 2022 Tenn. Acts, ch. 1126, s 5, eff. 7/1/2022. Amended by 2015 Tenn. Acts, ch. 178, s 4, eff. 4/17/2015. Acts 2000, ch. 981, § 37.
(a) The department shall prepare a comprehensive annual report of the status of child care agencies within the state subject to its jurisdiction, accompanied by special comments and recommendations, and the department shall publish the report on the department's website for the public in conjunction with the department's annual report required by § 37-5-105(4) .
(b) By March 1 of each year, the department shall make a presentation of the report to the appropriate committees of the senate and the house of representatives, as determined by each respective speaker.
(c) The presentation shall describe, at a minimum, the information described in § 37-5-518(c) .
Amended by 2022 Tenn. Acts, ch. 1126, s 5, eff. 7/1/2022.
Amended by 2015 Tenn. Acts, ch. 178, s 4, eff. 4/17/2015.
Acts 2000, ch. 981, § 37.
Tenn. Code Ann. § 37-1-704 — TN Code / Title 37 / Chapter 1 / Section 37-1-704
Empaneling teen court members
Status: in_force

(a) Any juvenile court judge who establishes a teen court shall choose, at the beginning of the school year, a panel of twelve (12) or more teenagers to serve as teen court members. Each teen court for a specific case shall consist of five (5) members chosen from the panel of twelve (12). Such teens shall be chosen from the local public and private high schools or middle schools. They shall be selected by the juvenile court judge in consultation with the local principal or principals. The judge shall attempt to choose teens who are not otherwise active in extracurricular activities. (b) Youth participating in teen court programs may not receive any compensation for their service; provided, however, that youth participating in teen court may receive unsolicited tokens or awards of appreciation, or bona fide awards in recognition of public service in the form of a plaque, trophy, desk item, tee-shirt, beverage mug, plastic cup, wall memento and similar items so long as any such item is not in a form that can be readily converted to cash. In the event a youth participating in teen court attends a conference, training, retreat or similar event as a part of the youth's participation in teen court, the youth may be reimbursed for such travel expenses in conformity with comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter. The juvenile court shall certify the name, address, and school attended of each teen court member to the secretary of state who shall issue a certificate of participation for each to the juvenile court judge. Acts 2000, ch. 792, § 1; imp. am. Acts 2000, ch. 947, § 6; Acts 2001, ch. 341, § 8; 2002, ch. 539, § 1.
(a) Any juvenile court judge who establishes a teen court shall choose, at the beginning of the school year, a panel of twelve (12) or more teenagers to serve as teen court members. Each teen court for a specific case shall consist of five (5) members chosen from the panel of twelve (12). Such teens shall be chosen from the local public and private high schools or middle schools. They shall be selected by the juvenile court judge in consultation with the local principal or principals. The judge shall attempt to choose teens who are not otherwise active in extracurricular activities.
(b) Youth participating in teen court programs may not receive any compensation for their service; provided, however, that youth participating in teen court may receive unsolicited tokens or awards of appreciation, or bona fide awards in recognition of public service in the form of a plaque, trophy, desk item, tee-shirt, beverage mug, plastic cup, wall memento and similar items so long as any such item is not in a form that can be readily converted to cash. In the event a youth participating in teen court attends a conference, training, retreat or similar event as a part of the youth's participation in teen court, the youth may be reimbursed for such travel expenses in conformity with comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter. The juvenile court shall certify the name, address, and school attended of each teen court member to the secretary of state who shall issue a certificate of participation for each to the juvenile court judge.
Acts 2000, ch. 792, § 1; imp. am. Acts 2000, ch. 947, § 6; Acts 2001, ch. 341, § 8; 2002, ch. 539, § 1.
Tenn. Code Ann. § 37-2-502 — TN Code / Title 37 / Chapter 2 / Section 37-2-502
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Department" means the department of children's services; (2) "Runaway" means any person under eighteen (18) years of age who is away from the home or residence of such person's parents or guardians without such parents' or guardians' consent. "Runaway" does not include persons under eighteen (18) years of age who lawfully reside with a close relative or those attending educational institutions, or those placed by court order, on a contractual agreement with a parent or guardian; (3) "Runaway house" means any house or institution giving sanctuary or housing to any person under eighteen (18) years of age, who is away from the home or residence of such person's parents or guardians without such parents' or guardians' consent; and (4) "Sanctuary" means a house, institution or other organization providing housing or accommodations to runaways as set forth in this part. Acts 1976, ch. 683, § 2; T.C.A., § 37-1602; Acts 1996, ch. 1079, § 73.
As used in this part, unless the context otherwise requires:
(1) "Department" means the department of children's services;
(2) "Runaway" means any person under eighteen (18) years of age who is away from the home or residence of such person's parents or guardians without such parents' or guardians' consent. "Runaway" does not include persons under eighteen (18) years of age who lawfully reside with a close relative or those attending educational institutions, or those placed by court order, on a contractual agreement with a parent or guardian;
(3) "Runaway house" means any house or institution giving sanctuary or housing to any person under eighteen (18) years of age, who is away from the home or residence of such person's parents or guardians without such parents' or guardians' consent; and
(4) "Sanctuary" means a house, institution or other organization providing housing or accommodations to runaways as set forth in this part.
Acts 1976, ch. 683, § 2; T.C.A., § 37-1602; Acts 1996, ch. 1079, § 73.
Tenn. Code Ann. § 37-1-706 — TN Code / Title 37 / Chapter 1 / Section 37-1-706
Construction of part
Status: in_force

(a) Nothing in this part shall be deemed to impair the authority of juvenile courts to adopt different or alternative procedures for the establishment of or the operation of an existing teen court program within their respective jurisdictions. Any such teen court program shall meet due process standards including, but not limited to, those pertaining to informed and voluntary participation in the program and any necessary waiver of rights. (b) Upon adoption of local, written procedures, a juvenile court may delegate responsibility for operation of a teen court program to a person licensed to practice law in this state. (c) Any reference to "juvenile court" or "juvenile court judge" in this part shall be interpreted to include a magistrate under § 37-1-107 . Acts 2001, ch. 341, § 10; 2009, ch. 235, § 1.
(a) Nothing in this part shall be deemed to impair the authority of juvenile courts to adopt different or alternative procedures for the establishment of or the operation of an existing teen court program within their respective jurisdictions. Any such teen court program shall meet due process standards including, but not limited to, those pertaining to informed and voluntary participation in the program and any necessary waiver of rights.
(b) Upon adoption of local, written procedures, a juvenile court may delegate responsibility for operation of a teen court program to a person licensed to practice law in this state.
(c) Any reference to "juvenile court" or "juvenile court judge" in this part shall be interpreted to include a magistrate under § 37-1-107 .
Acts 2001, ch. 341, § 10; 2009, ch. 235, § 1.