Tenn. Code Ann. § 37-1-803 — TN Code / Title 37 / Chapter 1 / Section 37-1-803
Permanent guardianship not a termination of parent child relationship - Visitation, contact and sharing of information
Status: in_force

(a) Entry of a permanent guardianship order does not terminate the parent and child relationship, including: (1) The right of the child to inherit from the child's parents; (2) The parents' right to visit or contact the child, as defined by the court; (3) The parents' right to consent to the child's adoption; and (4) The parents' responsibility to provide financial, medical, and other support for the child. (b) The permanent guardianship order shall specify the frequency and nature of visitation or contact or the sharing of information with parents and the child. The court shall issue an order regarding visitation, contact and the sharing of information based on the best interests of the child. The order may restrict or prohibit visitation, contact and the sharing of information. The order may incorporate an agreement reached among the parties. (1) Upon a showing by affidavit of immediate harm to the child, the court may temporarily stay, for a maximum of thirty (30) days, the order of visitation or contact, on an ex parte basis, until a hearing can be held. A modification of an order of visitation or contact shall be based upon a finding, by a preponderance of evidence, that there has been a substantial change in the material circumstances, and that the proposed modification is in the best interest of the child. (2) Nothing in this part shall prevent removal of the child by the department from the permanent guardian, based upon allegations of abuse or neglect, pursuant to §§ 37-1-113 and 37-1-128 . Acts 2005, ch. 389, § 1; 2006, ch. 802, § 1.
(a) Entry of a permanent guardianship order does not terminate the parent and child relationship, including: (1) The right of the child to inherit from the child's parents; (2) The parents' right to visit or contact the child, as defined by the court; (3) The parents' right to consent to the child's adoption; and (4) The parents' responsibility to provide financial, medical, and other support for the child.
(1) The right of the child to inherit from the child's parents;
(2) The parents' right to visit or contact the child, as defined by the court;
(3) The parents' right to consent to the child's adoption; and
(4) The parents' responsibility to provide financial, medical, and other support for the child.
(b) The permanent guardianship order shall specify the frequency and nature of visitation or contact or the sharing of information with parents and the child. The court shall issue an order regarding visitation, contact and the sharing of information based on the best interests of the child. The order may restrict or prohibit visitation, contact and the sharing of information. The order may incorporate an agreement reached among the parties. (1) Upon a showing by affidavit of immediate harm to the child, the court may temporarily stay, for a maximum of thirty (30) days, the order of visitation or contact, on an ex parte basis, until a hearing can be held. A modification of an order of visitation or contact shall be based upon a finding, by a preponderance of evidence, that there has been a substantial change in the material circumstances, and that the proposed modification is in the best interest of the child. (2) Nothing in this part shall prevent removal of the child by the department from the permanent guardian, based upon allegations of abuse or neglect, pursuant to §§ 37-1-113 and 37-1-128 .
(1) Upon a showing by affidavit of immediate harm to the child, the court may temporarily stay, for a maximum of thirty (30) days, the order of visitation or contact, on an ex parte basis, until a hearing can be held. A modification of an order of visitation or contact shall be based upon a finding, by a preponderance of evidence, that there has been a substantial change in the material circumstances, and that the proposed modification is in the best interest of the child.
(2) Nothing in this part shall prevent removal of the child by the department from the permanent guardian, based upon allegations of abuse or neglect, pursuant to §§ 37-1-113 and 37-1-128 .
Acts 2005, ch. 389, § 1; 2006, ch. 802, § 1.
Tenn. Code Ann. § 37-2-205 — TN Code / Title 37 / Chapter 2 / Section 37-2-205
Commitment of dependent and neglected, delinquent or unruly children - Contracts for per diem allowance - Records - Minimum qualifications and standards
Status: in_force

(a) In addition to the dispositional alternatives provided by §§ 37-1-130 - 37-1-132, concerning dependent and neglected, delinquent or unruly children, the juvenile court judge of any county within the provisions of this part is hereby authorized and empowered to commit a child to the custody of such county department of children's services. Upon such commitment by the juvenile court judge, guardianship of the person of such child shall immediately transfer to the director of the county department. (b) When any child is committed to a county department, the state, from available budgetary funds of any state department through which federal or other funds may be provided by law for the purchase of child care, may contract with the county department to pay a per diem allowance for each child so committed for the period of time each such child is in custody of the county department. The per diem allowance shall be determined by negotiation and contract between the county and state department through which such funds are available. (c) The director of the county department shall keep or cause to be kept all records and reports required to be kept by a comparable state agency. Such records shall include the quarterly review of each child's treatment, rehabilitation and progress, and the procedures for such review prescribed by the director. Failure of the director to keep or maintain any such records and reports required to be kept by law shall relieve the state from its obligation to pay the county department the per diem allowance for any child upon whom inadequate records have been kept. (d) The county department shall ensure that services provided to children in its care and facilities provided for that purpose shall meet all minimum qualifications and standards established by contract with the contracting department, but in no event shall such qualifications or standards be less stringent than those mandated by applicable state or federal law or regulation for the children in the care of the department. Failure to meet such qualifications and standards shall entitle the contracting department to withhold funds payable to the county pursuant to the contract. In all cases, the contracting state department shall have the authority to conduct such monitoring and inspection as may be necessary to enforce this provision. (e) The department of children's services is authorized to enter into an agreement to pay a per diem allowance to a county for each delinquent child placed in a local facility for delinquent children operated under the direction of the court or other local public authority. As a condition of such payment, the agreement may require that the county pay to the department of children's services a per diem allowance in the same amount for each child committed from the county to the department of children's services. The per diem allowance shall be as agreed upon, but not less than seventy-five percent (75%) of the current actual cost of maintaining a child in a state correctional institution. (f) (1) (A) In order to enhance communication between the department of children's services and juvenile court judges across the state, the department shall provide to the juvenile court judge(s) for each county a report which includes: (i) The number of commitments to state custody for dependent and neglected children, unruly children, and delinquent children for the previous twelve-month period by county; and (ii) The statewide average commitment rate per thousand youth based on the latest county population data as provided by the department of health. (B) The report shall be provided to judges on a semiannual basis and shall also be made available on the department's web site. (2) The department may initiate a collaborative planning process at the time a county's commitment rate is believed to be likely to exceed two hundred percent (200%) of the statewide average commitment rate. Upon request of the court, the department shall partner with the court to develop and implement strategies to address any factors contributing to higher commitment rates in such county. (3) On or before January 31 of each year, the department of children's services shall provide to the judiciary committee of the senate and the civil justice committee of the house of representatives a report of county commitment data for the previous fiscal year and a description of actions taken as part of the collaborative planning process. The report shall be published as part of the department's annual report required by § 37-5-105(4) . Amended by 2021 Tenn. Acts, ch. 64, s 28, eff. 3/29/2021. Amended by 2019 Tenn. Acts, ch. 345, s 38, eff. 5/10/2019. Amended by 2015 Tenn. Acts, ch. 178, s 1, eff. 4/17/2015. Amended by 2013 Tenn. Acts, ch. 236, s 21, eff. 4/19/2013. Acts 1979, ch. 143, § 5; 1983, ch. 239, § 1; T.C.A., § 37-405; Acts 1989, ch. 278, § 46; 1996, ch. 1079, § 110; 2009 , ch. 531, § 30; 2010 , ch. 662, § 1; 2011 , ch. 410, § 3(g).
(a) In addition to the dispositional alternatives provided by §§ 37-1-130 - 37-1-132, concerning dependent and neglected, delinquent or unruly children, the juvenile court judge of any county within the provisions of this part is hereby authorized and empowered to commit a child to the custody of such county department of children's services. Upon such commitment by the juvenile court judge, guardianship of the person of such child shall immediately transfer to the director of the county department.
(b) When any child is committed to a county department, the state, from available budgetary funds of any state department through which federal or other funds may be provided by law for the purchase of child care, may contract with the county department to pay a per diem allowance for each child so committed for the period of time each such child is in custody of the county department. The per diem allowance shall be determined by negotiation and contract between the county and state department through which such funds are available.
(c) The director of the county department shall keep or cause to be kept all records and reports required to be kept by a comparable state agency. Such records shall include the quarterly review of each child's treatment, rehabilitation and progress, and the procedures for such review prescribed by the director. Failure of the director to keep or maintain any such records and reports required to be kept by law shall relieve the state from its obligation to pay the county department the per diem allowance for any child upon whom inadequate records have been kept.
(d) The county department shall ensure that services provided to children in its care and facilities provided for that purpose shall meet all minimum qualifications and standards established by contract with the contracting department, but in no event shall such qualifications or standards be less stringent than those mandated by applicable state or federal law or regulation for the children in the care of the department. Failure to meet such qualifications and standards shall entitle the contracting department to withhold funds payable to the county pursuant to the contract. In all cases, the contracting state department shall have the authority to conduct such monitoring and inspection as may be necessary to enforce this provision.
(e) The department of children's services is authorized to enter into an agreement to pay a per diem allowance to a county for each delinquent child placed in a local facility for delinquent children operated under the direction of the court or other local public authority. As a condition of such payment, the agreement may require that the county pay to the department of children's services a per diem allowance in the same amount for each child committed from the county to the department of children's services. The per diem allowance shall be as agreed upon, but not less than seventy-five percent (75%) of the current actual cost of maintaining a child in a state correctional institution.
(f) (1) (A) In order to enhance communication between the department of children's services and juvenile court judges across the state, the department shall provide to the juvenile court judge(s) for each county a report which includes: (i) The number of commitments to state custody for dependent and neglected children, unruly children, and delinquent children for the previous twelve-month period by county; and (ii) The statewide average commitment rate per thousand youth based on the latest county population data as provided by the department of health. (B) The report shall be provided to judges on a semiannual basis and shall also be made available on the department's web site. (2) The department may initiate a collaborative planning process at the time a county's commitment rate is believed to be likely to exceed two hundred percent (200%) of the statewide average commitment rate. Upon request of the court, the department shall partner with the court to develop and implement strategies to address any factors contributing to higher commitment rates in such county. (3) On or before January 31 of each year, the department of children's services shall provide to the judiciary committee of the senate and the civil justice committee of the house of representatives a report of county commitment data for the previous fiscal year and a description of actions taken as part of the collaborative planning process. The report shall be published as part of the department's annual report required by § 37-5-105(4) .
(1) (A) In order to enhance communication between the department of children's services and juvenile court judges across the state, the department shall provide to the juvenile court judge(s) for each county a report which includes: (i) The number of commitments to state custody for dependent and neglected children, unruly children, and delinquent children for the previous twelve-month period by county; and (ii) The statewide average commitment rate per thousand youth based on the latest county population data as provided by the department of health. (B) The report shall be provided to judges on a semiannual basis and shall also be made available on the department's web site.
(A) In order to enhance communication between the department of children's services and juvenile court judges across the state, the department shall provide to the juvenile court judge(s) for each county a report which includes: (i) The number of commitments to state custody for dependent and neglected children, unruly children, and delinquent children for the previous twelve-month period by county; and (ii) The statewide average commitment rate per thousand youth based on the latest county population data as provided by the department of health.
(i) The number of commitments to state custody for dependent and neglected children, unruly children, and delinquent children for the previous twelve-month period by county; and
(ii) The statewide average commitment rate per thousand youth based on the latest county population data as provided by the department of health.
(B) The report shall be provided to judges on a semiannual basis and shall also be made available on the department's web site.
(2) The department may initiate a collaborative planning process at the time a county's commitment rate is believed to be likely to exceed two hundred percent (200%) of the statewide average commitment rate. Upon request of the court, the department shall partner with the court to develop and implement strategies to address any factors contributing to higher commitment rates in such county.
(3) On or before January 31 of each year, the department of children's services shall provide to the judiciary committee of the senate and the civil justice committee of the house of representatives a report of county commitment data for the previous fiscal year and a description of actions taken as part of the collaborative planning process. The report shall be published as part of the department's annual report required by § 37-5-105(4) .
Amended by 2021 Tenn. Acts, ch. 64, s 28, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 345, s 38, eff. 5/10/2019.
Amended by 2015 Tenn. Acts, ch. 178, s 1, eff. 4/17/2015.
Amended by 2013 Tenn. Acts, ch. 236, s 21, eff. 4/19/2013.
Acts 1979, ch. 143, § 5; 1983, ch. 239, § 1; T.C.A., § 37-405; Acts 1989, ch. 278, § 46; 1996, ch. 1079, § 110; 2009 , ch. 531, § 30; 2010 , ch. 662, § 1; 2011 , ch. 410, § 3(g).
Tenn. Code Ann. § 37-1-415 — TN Code / Title 37 / Chapter 1 / Section 37-1-415
Cooperation of landlord or person in control of residential rental property with investigation of child abuse or neglect
Status: in_force

(a) A landlord or person in control of a residential rental property shall provide a case manager from the department of children's services or a child protective investigation team with information, if known, on the address or location of a child who has been alleged to be abused or neglected and resides or is located on the residential rental property. (b) The landlord or person in control of a residential rental property is not liable in any civil or criminal action that is based solely upon cooperation with the investigation by the department of children's services or a child protective investigation team, except in cases of willful or wanton conduct or intentional wrongdoing. Added by 2022 Tenn. Acts, ch. 971,s 1, eff. 7/1/2022.
(a) A landlord or person in control of a residential rental property shall provide a case manager from the department of children's services or a child protective investigation team with information, if known, on the address or location of a child who has been alleged to be abused or neglected and resides or is located on the residential rental property.
(b) The landlord or person in control of a residential rental property is not liable in any civil or criminal action that is based solely upon cooperation with the investigation by the department of children's services or a child protective investigation team, except in cases of willful or wanton conduct or intentional wrongdoing.
Added by 2022 Tenn. Acts, ch. 971,s 1, eff. 7/1/2022.
Tenn. Code Ann. § 37-1-182 — TN Code / Title 37 / Chapter 1 / Section 37-1-182
Juvenile records task force
Status: in_force

(a) (1) There is established a task force on the submission of juvenile fingerprints and reporting of juvenile court dispositions, which shall be named the juvenile records task force. (2) The task force shall have the following members: (A) The director of the Tennessee bureau of investigation (TBI) or the director's designee, who shall be a member of the director's staff; (B) A juvenile court judge or magistrate from each grand division of the state, who shall be appointed by the director of the administrative office of the courts; (C) A clerk or deputy clerk whose primary duties include the maintenance of juvenile court records, to be appointed by the president of the state court clerks' conference; (D) The commissioner of children's services or the commissioner's designee; (E) The attorney general and reporter or attorney general and reporter's designee, who shall be an ex officio member of the task force; (F) The chair of the judiciary committee of the senate and the chair of the civil justice committee of the house of representatives or their designees, who shall be members of the task force; (G) The executive director of the Tennessee commission on children and youth or the executive director's designee. (3) Appointments shall be made within sixty (60) days after July 1, 2007. The governor shall designate the chair of the task force, who shall set the date of the first meeting. At the organizational meeting, a secretary shall be elected from the task force's membership. (b) (1) The task force is authorized to request and receive assistance from any department, agency or entity of state government, upon request from the chair. (2) Members of the task force are volunteers and shall serve without pay, except that nonlegislative members may be reimbursed for travel expenses in accordance with travel regulations promulgated by the commissioner of finance and administration and approved by the attorney general and reporter. Members of the general assembly shall be compensated in accordance with the provisions of § 3-1-106 . (c) The task force is directed to assess and examine: (1) The process of the submission of juvenile fingerprints to the TBI and to the federal bureau of investigation; (2) The maintenance of juvenile fingerprint cards; (3) The reporting of dispositions of juvenile offenses; (4) The disclosure or nondisclosure of juvenile offenses for employment or volunteer purposes; (5) Whether a juvenile offender repository is needed; (6) Whether any of the statutes referring to juvenile records and/or juvenile fingerprints are in direct conflict with other statutes and, if so, to determine how to correct any ambiguities; and (7) Any other relevant issues that concern juvenile fingerprint submissions, dispositions, and disclosures of juvenile records. (d) The task force is directed to submit a report of its findings and recommendations, including any suggested legislation, to the general assembly and the governor no later than February 15, 2008. Amended by 2021 Tenn. Acts, ch. 64, s 24, eff. 3/29/2021. Amended by 2019 Tenn. Acts, ch. 345, s 34, eff. 5/10/2019. Amended by 2013 Tenn. Acts, ch. 236, s 21, eff. 4/19/2013. Acts 2007 , ch. 552, §§ 2-5; 2009 , ch. 235, § 1; 2011 , ch. 410, § 3(d).
(a) (1) There is established a task force on the submission of juvenile fingerprints and reporting of juvenile court dispositions, which shall be named the juvenile records task force. (2) The task force shall have the following members: (A) The director of the Tennessee bureau of investigation (TBI) or the director's designee, who shall be a member of the director's staff; (B) A juvenile court judge or magistrate from each grand division of the state, who shall be appointed by the director of the administrative office of the courts; (C) A clerk or deputy clerk whose primary duties include the maintenance of juvenile court records, to be appointed by the president of the state court clerks' conference; (D) The commissioner of children's services or the commissioner's designee; (E) The attorney general and reporter or attorney general and reporter's designee, who shall be an ex officio member of the task force; (F) The chair of the judiciary committee of the senate and the chair of the civil justice committee of the house of representatives or their designees, who shall be members of the task force; (G) The executive director of the Tennessee commission on children and youth or the executive director's designee. (3) Appointments shall be made within sixty (60) days after July 1, 2007. The governor shall designate the chair of the task force, who shall set the date of the first meeting. At the organizational meeting, a secretary shall be elected from the task force's membership.
(1) There is established a task force on the submission of juvenile fingerprints and reporting of juvenile court dispositions, which shall be named the juvenile records task force.
(2) The task force shall have the following members: (A) The director of the Tennessee bureau of investigation (TBI) or the director's designee, who shall be a member of the director's staff; (B) A juvenile court judge or magistrate from each grand division of the state, who shall be appointed by the director of the administrative office of the courts; (C) A clerk or deputy clerk whose primary duties include the maintenance of juvenile court records, to be appointed by the president of the state court clerks' conference; (D) The commissioner of children's services or the commissioner's designee; (E) The attorney general and reporter or attorney general and reporter's designee, who shall be an ex officio member of the task force; (F) The chair of the judiciary committee of the senate and the chair of the civil justice committee of the house of representatives or their designees, who shall be members of the task force; (G) The executive director of the Tennessee commission on children and youth or the executive director's designee.
(A) The director of the Tennessee bureau of investigation (TBI) or the director's designee, who shall be a member of the director's staff;
(B) A juvenile court judge or magistrate from each grand division of the state, who shall be appointed by the director of the administrative office of the courts;
(C) A clerk or deputy clerk whose primary duties include the maintenance of juvenile court records, to be appointed by the president of the state court clerks' conference;
(D) The commissioner of children's services or the commissioner's designee;
(E) The attorney general and reporter or attorney general and reporter's designee, who shall be an ex officio member of the task force;
(F) The chair of the judiciary committee of the senate and the chair of the civil justice committee of the house of representatives or their designees, who shall be members of the task force;
(G) The executive director of the Tennessee commission on children and youth or the executive director's designee.
(3) Appointments shall be made within sixty (60) days after July 1, 2007. The governor shall designate the chair of the task force, who shall set the date of the first meeting. At the organizational meeting, a secretary shall be elected from the task force's membership.
(b) (1) The task force is authorized to request and receive assistance from any department, agency or entity of state government, upon request from the chair. (2) Members of the task force are volunteers and shall serve without pay, except that nonlegislative members may be reimbursed for travel expenses in accordance with travel regulations promulgated by the commissioner of finance and administration and approved by the attorney general and reporter. Members of the general assembly shall be compensated in accordance with the provisions of § 3-1-106 .
(1) The task force is authorized to request and receive assistance from any department, agency or entity of state government, upon request from the chair.
(2) Members of the task force are volunteers and shall serve without pay, except that nonlegislative members may be reimbursed for travel expenses in accordance with travel regulations promulgated by the commissioner of finance and administration and approved by the attorney general and reporter. Members of the general assembly shall be compensated in accordance with the provisions of § 3-1-106 .
(c) The task force is directed to assess and examine: (1) The process of the submission of juvenile fingerprints to the TBI and to the federal bureau of investigation; (2) The maintenance of juvenile fingerprint cards; (3) The reporting of dispositions of juvenile offenses; (4) The disclosure or nondisclosure of juvenile offenses for employment or volunteer purposes; (5) Whether a juvenile offender repository is needed; (6) Whether any of the statutes referring to juvenile records and/or juvenile fingerprints are in direct conflict with other statutes and, if so, to determine how to correct any ambiguities; and (7) Any other relevant issues that concern juvenile fingerprint submissions, dispositions, and disclosures of juvenile records.
(1) The process of the submission of juvenile fingerprints to the TBI and to the federal bureau of investigation;
(2) The maintenance of juvenile fingerprint cards;
(3) The reporting of dispositions of juvenile offenses;
(4) The disclosure or nondisclosure of juvenile offenses for employment or volunteer purposes;
(5) Whether a juvenile offender repository is needed;
(6) Whether any of the statutes referring to juvenile records and/or juvenile fingerprints are in direct conflict with other statutes and, if so, to determine how to correct any ambiguities; and
(7) Any other relevant issues that concern juvenile fingerprint submissions, dispositions, and disclosures of juvenile records.
(d) The task force is directed to submit a report of its findings and recommendations, including any suggested legislation, to the general assembly and the governor no later than February 15, 2008.
Amended by 2021 Tenn. Acts, ch. 64, s 24, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 345, s 34, eff. 5/10/2019.
Amended by 2013 Tenn. Acts, ch. 236, s 21, eff. 4/19/2013.
Acts 2007 , ch. 552, §§ 2-5; 2009 , ch. 235, § 1; 2011 , ch. 410, § 3(d).
Tenn. Code Ann. § 37-1-403 — TN Code / Title 37 / Chapter 1 / Section 37-1-403
Reporting of brutality, abuse, neglect or child sexual abuse - Notification to parents of abuse on school grounds or under school supervision - Confidentiality of records
Status: in_force

(a) (1) Any person who has knowledge of or is called upon to render aid to any child who is suffering from or has sustained any wound, injury, disability, or physical or mental condition shall report such harm immediately if the harm is of such a nature as to reasonably indicate that it has been caused by brutality, abuse or neglect or that, on the basis of available information, reasonably appears to have been caused by brutality, abuse or neglect. (2) Any such person with knowledge of the type of harm described in this subsection (a) shall report it, by telephone or otherwise, to the: (A) Judge having juvenile jurisdiction over the child; (B) Department, in a manner specified by the department, either by contacting a local representative of the department or by utilizing the department's centralized intake procedure, where applicable; (C) Sheriff of the county where the child resides; or (D) Chief law enforcement official of the municipality where the child resides. (3) If any such person knows or has reasonable cause to suspect that a child has been sexually abused, the person shall report such information in accordance with § 37-1-605 , relative to the sexual abuse of children, regardless of whether such person knows or believes that the child has sustained any apparent injury as a result of such abuse. (b) The report shall include, to the extent known by the reporter, the name, address, telephone number and age of the child, the name, address, and telephone number of the person responsible for the care of the child, and the facts requiring the report. The report may include any other pertinent information. (c) (1) If a law enforcement official or judge becomes aware of known or suspected child abuse, through personal knowledge, receipt of a report, or otherwise, such information shall be reported to the department immediately upon the receipt of such information, and, where appropriate, the child protective team shall be notified to investigate the report for the protection of the child in accordance with this part. Further criminal investigation by such official shall be appropriately conducted in coordination with the team or department to the maximum extent possible. (2) A law enforcement official or judge who knows or becomes aware of a person who is convicted of a violation of § 55-10-401 and sentenced under § 55-10-402(b) , because such person was at the time of the offense accompanied by a child under eighteen (18) years of age, shall report such information, as provided in subdivision (c)(1), and the department shall consider such information to be appropriate for investigation in the same manner as other reports of suspected child abuse or neglect. (3) (A) If the department receives information containing references to alleged human trafficking or child pornography which does or does not result in an investigation by the department, the department shall notify the appropriate law enforcement agency immediately upon receipt of such information. (B) If the department initiates an investigation of severe child abuse, including, but not limited to, child sexual abuse, the department shall notify the appropriate local law enforcement agency immediately upon assignment of such case to a department child protective services worker. (C) Both the department and law enforcement shall maintain a log of all such reports of such information received and confirmation that the information was sent to the appropriate party, pursuant to this subdivision (c)(3). (d) Any person required to report or investigate cases of suspected child abuse who has reasonable cause to suspect that a child died as a result of child abuse shall report such suspicion to the appropriate medical examiner. The medical examiner shall accept the report for investigation and shall report the medical examiner's findings, in writing, to the local law enforcement agency, the appropriate district attorney general, and the department. Autopsy reports maintained by the medical examiner shall not be subject to the confidentiality requirements provided for in § 37-1-409 . (e) Reports involving known or suspected institutional child sexual abuse shall be made and received in the same manner as all other reports made pursuant to chapter 478 of the Public Acts of 1985, relative to the sexual abuse of children. Investigations of institutional child sexual abuse shall be conducted in accordance with § 37-1-606 . (f) Every physician or other person who makes a diagnosis of, or treats, or prescribes for any sexually transmitted disease set out in § 68-10-112 , or venereal herpes and chlamydia, in children thirteen (13) years of age or younger, and every superintendent or manager of a clinic, dispensary or charitable or penal institution, in which there is a case of any of the diseases, as set out in this subsection (f), in children thirteen (13) years of age or younger shall report the case immediately, in writing on a form supplied by the department of health to that department. If the reported cases are confirmed and if sexual abuse is suspected, the department of health will report the case to the department of children's services. The department of children's services will be responsible for any necessary follow-up. (g) Every physician or other person who makes an initial diagnosis of pregnancy to an unemancipated minor, and every superintendent or manager of a clinic, dispensary or charitable or penal institution in which there is a case of an unemancipated minor who is determined to be pregnant, shall provide to the minor's parent, if the parent is present, and the minor consents, any readily available written information on how to report to the department of children's services an occurrence of sex abuse that may have resulted in the minor's pregnancy, unless disclosure to the parent would violate the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), 42 U.S.C. § 1320d et seq., or the regulations promulgated pursuant to the act. (1) Failure to provide the written information shall not subject a person to the penalty provided by § 37-1-412 . (2) The department of children's services shall provide to the department of health the relevant written information. The department of health shall distribute copies of the written information to all licensees of the appropriate health-related boards through the boards' routinely issued newsletters. At the time of initial licensure, these boards shall also provide new licensees a copy of the relevant written information for distribution pursuant to this subsection (g). (h) Nothing in this section shall be construed to prohibit any hospital, clinic, school, or other organization responsible for the care of children, from developing a specific procedure for internally tracking, reporting, or otherwise monitoring a report made by a member of the organization's staff pursuant to this section, including requiring a member of the organization's staff who makes a report to provide a copy of or notice concerning the report to the organization, so long as the procedure does not inhibit, interfere with, or otherwise affect the duty of a person to make a report as required by subsection (a). Nothing in this section shall prevent staff of a hospital or clinic from gathering sufficient information, as determined by the hospital or clinic, in order to make an appropriate medical diagnosis or to provide and document care that is medically indicated, and is needed to determine whether to report an incident as defined in this part. Those activities shall not interfere with nor serve as a substitute for any investigation by law enforcement officials or the department; provided, that, if any hospital, clinic, school or other organization responsible for the care of children develops a procedure for internally tracking, reporting or otherwise monitoring a report pursuant to this section, the identity of the person who made a report of harm pursuant to this section or § 37-1-605 shall be kept confidential. (i) (1) Any school official, personnel, employee or member of the board of education who is aware of a report or investigation of employee misconduct on the part of any employee of the school system that in any way involves known or alleged child abuse, including, but not limited to, child physical or sexual abuse or neglect, shall immediately upon knowledge of such information notify the department of children's services or anyone listed in subdivision (a)(2) of the abuse or alleged abuse. (2) Notwithstanding § 37-5-107 or § 37-1-612 , if a school teacher, school official, or other school personnel has knowledge or reasonable cause to suspect that a child who attends the school may be a victim of child abuse or child sexual abuse sufficient to require reporting pursuant to this section, then the school teacher, school official, or other school personnel must follow the procedures outlined in § 49-6-1601 . (3) For purposes of this subsection (i), "school" means any public or privately operated child care agency, as defined in § 71-3-501 ; child care program, as defined in § 49-1-1102 ; preschool; nursery school; kindergarten; elementary school; or secondary school. Amended by 2020 Tenn. Acts, ch. 708, s 2, eff. 8/1/2020. Amended by 2013 Tenn. Acts, ch. 154, s 31, eff. 7/1/2013. Acts 1973, ch. 81, § 1; 1977, ch. 343, § 1; 1978, ch. 886, § 2; T.C.A., § 37-1203; Acts 1985, ch. 478, §§ 26, 32, 40; 1987, ch. 145, § 10; 1994, ch. 901, § 2; 1996, ch. 1079, § 73; 2001, ch. 351, § 1; 2005, ch. 185, §§ 1, 2, 3; 2005, ch. 437, § 2; 2006, ch. 843, § 1; 2007 , ch. 305, § 1; 2008 , ch. 1011, § 1; 2009 , ch. 283, §§ 2, 3; 2009 , ch. 358, § 2; 2010 , ch. 979, §§ 1-4.
(a) (1) Any person who has knowledge of or is called upon to render aid to any child who is suffering from or has sustained any wound, injury, disability, or physical or mental condition shall report such harm immediately if the harm is of such a nature as to reasonably indicate that it has been caused by brutality, abuse or neglect or that, on the basis of available information, reasonably appears to have been caused by brutality, abuse or neglect. (2) Any such person with knowledge of the type of harm described in this subsection (a) shall report it, by telephone or otherwise, to the: (A) Judge having juvenile jurisdiction over the child; (B) Department, in a manner specified by the department, either by contacting a local representative of the department or by utilizing the department's centralized intake procedure, where applicable; (C) Sheriff of the county where the child resides; or (D) Chief law enforcement official of the municipality where the child resides. (3) If any such person knows or has reasonable cause to suspect that a child has been sexually abused, the person shall report such information in accordance with § 37-1-605 , relative to the sexual abuse of children, regardless of whether such person knows or believes that the child has sustained any apparent injury as a result of such abuse.
(1) Any person who has knowledge of or is called upon to render aid to any child who is suffering from or has sustained any wound, injury, disability, or physical or mental condition shall report such harm immediately if the harm is of such a nature as to reasonably indicate that it has been caused by brutality, abuse or neglect or that, on the basis of available information, reasonably appears to have been caused by brutality, abuse or neglect.
(2) Any such person with knowledge of the type of harm described in this subsection (a) shall report it, by telephone or otherwise, to the: (A) Judge having juvenile jurisdiction over the child; (B) Department, in a manner specified by the department, either by contacting a local representative of the department or by utilizing the department's centralized intake procedure, where applicable; (C) Sheriff of the county where the child resides; or (D) Chief law enforcement official of the municipality where the child resides.
(A) Judge having juvenile jurisdiction over the child;
(B) Department, in a manner specified by the department, either by contacting a local representative of the department or by utilizing the department's centralized intake procedure, where applicable;
(C) Sheriff of the county where the child resides; or
(D) Chief law enforcement official of the municipality where the child resides.
(3) If any such person knows or has reasonable cause to suspect that a child has been sexually abused, the person shall report such information in accordance with § 37-1-605 , relative to the sexual abuse of children, regardless of whether such person knows or believes that the child has sustained any apparent injury as a result of such abuse.
(b) The report shall include, to the extent known by the reporter, the name, address, telephone number and age of the child, the name, address, and telephone number of the person responsible for the care of the child, and the facts requiring the report. The report may include any other pertinent information.
(c) (1) If a law enforcement official or judge becomes aware of known or suspected child abuse, through personal knowledge, receipt of a report, or otherwise, such information shall be reported to the department immediately upon the receipt of such information, and, where appropriate, the child protective team shall be notified to investigate the report for the protection of the child in accordance with this part. Further criminal investigation by such official shall be appropriately conducted in coordination with the team or department to the maximum extent possible. (2) A law enforcement official or judge who knows or becomes aware of a person who is convicted of a violation of § 55-10-401 and sentenced under § 55-10-402(b) , because such person was at the time of the offense accompanied by a child under eighteen (18) years of age, shall report such information, as provided in subdivision (c)(1), and the department shall consider such information to be appropriate for investigation in the same manner as other reports of suspected child abuse or neglect. (3) (A) If the department receives information containing references to alleged human trafficking or child pornography which does or does not result in an investigation by the department, the department shall notify the appropriate law enforcement agency immediately upon receipt of such information. (B) If the department initiates an investigation of severe child abuse, including, but not limited to, child sexual abuse, the department shall notify the appropriate local law enforcement agency immediately upon assignment of such case to a department child protective services worker. (C) Both the department and law enforcement shall maintain a log of all such reports of such information received and confirmation that the information was sent to the appropriate party, pursuant to this subdivision (c)(3).
(1) If a law enforcement official or judge becomes aware of known or suspected child abuse, through personal knowledge, receipt of a report, or otherwise, such information shall be reported to the department immediately upon the receipt of such information, and, where appropriate, the child protective team shall be notified to investigate the report for the protection of the child in accordance with this part. Further criminal investigation by such official shall be appropriately conducted in coordination with the team or department to the maximum extent possible.
(2) A law enforcement official or judge who knows or becomes aware of a person who is convicted of a violation of § 55-10-401 and sentenced under § 55-10-402(b) , because such person was at the time of the offense accompanied by a child under eighteen (18) years of age, shall report such information, as provided in subdivision (c)(1), and the department shall consider such information to be appropriate for investigation in the same manner as other reports of suspected child abuse or neglect.
(3) (A) If the department receives information containing references to alleged human trafficking or child pornography which does or does not result in an investigation by the department, the department shall notify the appropriate law enforcement agency immediately upon receipt of such information. (B) If the department initiates an investigation of severe child abuse, including, but not limited to, child sexual abuse, the department shall notify the appropriate local law enforcement agency immediately upon assignment of such case to a department child protective services worker. (C) Both the department and law enforcement shall maintain a log of all such reports of such information received and confirmation that the information was sent to the appropriate party, pursuant to this subdivision (c)(3).
(A) If the department receives information containing references to alleged human trafficking or child pornography which does or does not result in an investigation by the department, the department shall notify the appropriate law enforcement agency immediately upon receipt of such information.
(B) If the department initiates an investigation of severe child abuse, including, but not limited to, child sexual abuse, the department shall notify the appropriate local law enforcement agency immediately upon assignment of such case to a department child protective services worker.
(C) Both the department and law enforcement shall maintain a log of all such reports of such information received and confirmation that the information was sent to the appropriate party, pursuant to this subdivision (c)(3).
(d) Any person required to report or investigate cases of suspected child abuse who has reasonable cause to suspect that a child died as a result of child abuse shall report such suspicion to the appropriate medical examiner. The medical examiner shall accept the report for investigation and shall report the medical examiner's findings, in writing, to the local law enforcement agency, the appropriate district attorney general, and the department. Autopsy reports maintained by the medical examiner shall not be subject to the confidentiality requirements provided for in § 37-1-409 .
(e) Reports involving known or suspected institutional child sexual abuse shall be made and received in the same manner as all other reports made pursuant to chapter 478 of the Public Acts of 1985, relative to the sexual abuse of children. Investigations of institutional child sexual abuse shall be conducted in accordance with § 37-1-606 .
(f) Every physician or other person who makes a diagnosis of, or treats, or prescribes for any sexually transmitted disease set out in § 68-10-112 , or venereal herpes and chlamydia, in children thirteen (13) years of age or younger, and every superintendent or manager of a clinic, dispensary or charitable or penal institution, in which there is a case of any of the diseases, as set out in this subsection (f), in children thirteen (13) years of age or younger shall report the case immediately, in writing on a form supplied by the department of health to that department. If the reported cases are confirmed and if sexual abuse is suspected, the department of health will report the case to the department of children's services. The department of children's services will be responsible for any necessary follow-up.
(g) Every physician or other person who makes an initial diagnosis of pregnancy to an unemancipated minor, and every superintendent or manager of a clinic, dispensary or charitable or penal institution in which there is a case of an unemancipated minor who is determined to be pregnant, shall provide to the minor's parent, if the parent is present, and the minor consents, any readily available written information on how to report to the department of children's services an occurrence of sex abuse that may have resulted in the minor's pregnancy, unless disclosure to the parent would violate the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), 42 U.S.C. § 1320d et seq., or the regulations promulgated pursuant to the act. (1) Failure to provide the written information shall not subject a person to the penalty provided by § 37-1-412 . (2) The department of children's services shall provide to the department of health the relevant written information. The department of health shall distribute copies of the written information to all licensees of the appropriate health-related boards through the boards' routinely issued newsletters. At the time of initial licensure, these boards shall also provide new licensees a copy of the relevant written information for distribution pursuant to this subsection (g).
(1) Failure to provide the written information shall not subject a person to the penalty provided by § 37-1-412 .
(2) The department of children's services shall provide to the department of health the relevant written information. The department of health shall distribute copies of the written information to all licensees of the appropriate health-related boards through the boards' routinely issued newsletters. At the time of initial licensure, these boards shall also provide new licensees a copy of the relevant written information for distribution pursuant to this subsection (g).
(h) Nothing in this section shall be construed to prohibit any hospital, clinic, school, or other organization responsible for the care of children, from developing a specific procedure for internally tracking, reporting, or otherwise monitoring a report made by a member of the organization's staff pursuant to this section, including requiring a member of the organization's staff who makes a report to provide a copy of or notice concerning the report to the organization, so long as the procedure does not inhibit, interfere with, or otherwise affect the duty of a person to make a report as required by subsection (a). Nothing in this section shall prevent staff of a hospital or clinic from gathering sufficient information, as determined by the hospital or clinic, in order to make an appropriate medical diagnosis or to provide and document care that is medically indicated, and is needed to determine whether to report an incident as defined in this part. Those activities shall not interfere with nor serve as a substitute for any investigation by law enforcement officials or the department; provided, that, if any hospital, clinic, school or other organization responsible for the care of children develops a procedure for internally tracking, reporting or otherwise monitoring a report pursuant to this section, the identity of the person who made a report of harm pursuant to this section or § 37-1-605 shall be kept confidential.
(i) (1) Any school official, personnel, employee or member of the board of education who is aware of a report or investigation of employee misconduct on the part of any employee of the school system that in any way involves known or alleged child abuse, including, but not limited to, child physical or sexual abuse or neglect, shall immediately upon knowledge of such information notify the department of children's services or anyone listed in subdivision (a)(2) of the abuse or alleged abuse. (2) Notwithstanding § 37-5-107 or § 37-1-612 , if a school teacher, school official, or other school personnel has knowledge or reasonable cause to suspect that a child who attends the school may be a victim of child abuse or child sexual abuse sufficient to require reporting pursuant to this section, then the school teacher, school official, or other school personnel must follow the procedures outlined in § 49-6-1601 . (3) For purposes of this subsection (i), "school" means any public or privately operated child care agency, as defined in § 71-3-501 ; child care program, as defined in § 49-1-1102 ; preschool; nursery school; kindergarten; elementary school; or secondary school.
(1) Any school official, personnel, employee or member of the board of education who is aware of a report or investigation of employee misconduct on the part of any employee of the school system that in any way involves known or alleged child abuse, including, but not limited to, child physical or sexual abuse or neglect, shall immediately upon knowledge of such information notify the department of children's services or anyone listed in subdivision (a)(2) of the abuse or alleged abuse.
(2) Notwithstanding § 37-5-107 or § 37-1-612 , if a school teacher, school official, or other school personnel has knowledge or reasonable cause to suspect that a child who attends the school may be a victim of child abuse or child sexual abuse sufficient to require reporting pursuant to this section, then the school teacher, school official, or other school personnel must follow the procedures outlined in § 49-6-1601 .
(3) For purposes of this subsection (i), "school" means any public or privately operated child care agency, as defined in § 71-3-501 ; child care program, as defined in § 49-1-1102 ; preschool; nursery school; kindergarten; elementary school; or secondary school.
Amended by 2020 Tenn. Acts, ch. 708, s 2, eff. 8/1/2020.
Amended by 2013 Tenn. Acts, ch. 154, s 31, eff. 7/1/2013.
Acts 1973, ch. 81, § 1; 1977, ch. 343, § 1; 1978, ch. 886, § 2; T.C.A., § 37-1203; Acts 1985, ch. 478, §§ 26, 32, 40; 1987, ch. 145, § 10; 1994, ch. 901, § 2; 1996, ch. 1079, § 73; 2001, ch. 351, § 1; 2005, ch. 185, §§ 1, 2, 3; 2005, ch. 437, § 2; 2006, ch. 843, § 1; 2007 , ch. 305, § 1; 2008 , ch. 1011, § 1; 2009 , ch. 283, §§ 2, 3; 2009 , ch. 358, § 2; 2010 , ch. 979, §§ 1-4.
Tenn. Code Ann. § 37-5-101 — TN Code / Title 37 / Chapter 5 / Section 37-5-101
Creation of department - Division of juvenile justice - Deputy commissioner of juvenile justice - Powers and duties - Funding
Status: in_force

(a) There is hereby created the department of children's services. (b) (1) Within the department, there is created a division of juvenile justice to serve children who are adjudicated delinquent. (2) The deputy commissioner of juvenile justice shall be appointed to lead the division of juvenile justice and shall serve at the pleasure of the commissioner. The commissioner shall appoint a person qualified by training and experience in the area of juvenile justice to perform the duties of deputy commissioner of juvenile justice. The appointee must be a graduate of an accredited college or university and be experienced in the field of juvenile justice. (3) It is the duty and responsibility of the division of juvenile justice to serve children who are adjudicated delinquent. The deputy commissioner shall have the powers and duties that the commissioner shall prescribe, in order to effectively administer, develop and oversee all state programs and services for delinquent children, their families and their communities. (4) The commissioner shall earmark a sum sufficient to be used exclusively for the division of juvenile justice. This budget shall include all appropriations for residential and nonresidential services provided for the prevention of delinquency and the rehabilitation, treatment and training of delinquent youth. Acts 1996, ch. 1079, § 2; 2006, ch. 818, § 1.
(a) There is hereby created the department of children's services.
(b) (1) Within the department, there is created a division of juvenile justice to serve children who are adjudicated delinquent. (2) The deputy commissioner of juvenile justice shall be appointed to lead the division of juvenile justice and shall serve at the pleasure of the commissioner. The commissioner shall appoint a person qualified by training and experience in the area of juvenile justice to perform the duties of deputy commissioner of juvenile justice. The appointee must be a graduate of an accredited college or university and be experienced in the field of juvenile justice. (3) It is the duty and responsibility of the division of juvenile justice to serve children who are adjudicated delinquent. The deputy commissioner shall have the powers and duties that the commissioner shall prescribe, in order to effectively administer, develop and oversee all state programs and services for delinquent children, their families and their communities. (4) The commissioner shall earmark a sum sufficient to be used exclusively for the division of juvenile justice. This budget shall include all appropriations for residential and nonresidential services provided for the prevention of delinquency and the rehabilitation, treatment and training of delinquent youth.
(1) Within the department, there is created a division of juvenile justice to serve children who are adjudicated delinquent.
(2) The deputy commissioner of juvenile justice shall be appointed to lead the division of juvenile justice and shall serve at the pleasure of the commissioner. The commissioner shall appoint a person qualified by training and experience in the area of juvenile justice to perform the duties of deputy commissioner of juvenile justice. The appointee must be a graduate of an accredited college or university and be experienced in the field of juvenile justice.
(3) It is the duty and responsibility of the division of juvenile justice to serve children who are adjudicated delinquent. The deputy commissioner shall have the powers and duties that the commissioner shall prescribe, in order to effectively administer, develop and oversee all state programs and services for delinquent children, their families and their communities.
(4) The commissioner shall earmark a sum sufficient to be used exclusively for the division of juvenile justice. This budget shall include all appropriations for residential and nonresidential services provided for the prevention of delinquency and the rehabilitation, treatment and training of delinquent youth.
Acts 1996, ch. 1079, § 2; 2006, ch. 818, § 1.
Tenn. Code Ann. § 37-5-511 — TN Code / Title 37 / Chapter 5 / Section 37-5-511
Criminal violation information required of persons having access to children - Review of vulnerable persons registry - Verification - Exclusion from access to children
Status: in_force

(a) (1) Each person: (A) Applying to work with children as a paid employee with a child care agency as defined in § 37-5-501 , or with the department in any position in which any significant contact with children is likely in the course of the person's employment; or (B) A new volunteer who is expected to provide volunteer services in excess of twenty (20) hours per month in a child care agency, or with the department, in any position in which any significant contact with children is likely in the course of the person's volunteer status, shall complete a criminal history disclosure form in a manner approved by the department, and shall agree to release all records involving the person relating criminal history of such person to the child care agency and to the department for the purpose of verifying the accuracy of criminal violation information contained on the disclosure form required by this section. (2) Such persons also shall submit to a criminal history records check to be conducted through the Tennessee bureau of investigation, shall supply fingerprint samples to the Tennessee bureau of investigation and to the federal bureau of investigation, and shall submit to a review of such person's status on the department of health's vulnerable persons registry under title 68, chapter 11, part 10; (3) The disclosure forms shall include at a minimum the following information: (A) The social security number of the applicant or volunteer; (B) The complete name of the applicant or volunteer; (C) Disclosure of information relative to any violations of the law, including pending criminal charges of any kind, and any conviction involving a sentence or suspended or reduced sentence and a release of all records involving the person's criminal background history; and (D) A space for the applicant or volunteer to state any circumstances that should be considered in determining whether to allow the person to be employed or to remain as a resident in the agency or to provide volunteer services. (4) The form shall notify the applicant or volunteer that falsification of required information may subject the person to criminal prosecution, and that the person's employment or volunteer status with the agency or the department is conditional pending a criminal records history review regarding the person's criminal history status. (5) A copy of the disclosure form shall be maintained in the child care agency's records for review by the department, and the department shall maintain a copy of the disclosure form in the records of the applicant for employment or volunteer services with the department. (b) (1) The disclosure form shall be sent to the department by the child care agency and, pursuant to § 38-6-109 , the department may directly access the computer files of the Tennessee bureau of investigation's Tennessee crime information center (T.C.I.C.) using only names or other identifying data elements contained in the disclosure form or such other information as may be available to the department to obtain available Tennessee criminal history background information for the purpose of criminal background reviews. (2) If information obtained by this method indicates that there exists or may exist a criminal record on the individual, the department shall further review the criminal record history with the individual and the entity with whom the individual is associated to obtain further verification, and the department shall request fingerprint samples from the individual and submit the fingerprints for a complete Tennessee and federal criminal history background review pursuant to § 38-6-109 . The department shall pay the costs of such fingerprint background checks pursuant to §§ 38-6-103 and 38-6-109 . (3) Pending the outcome of the background check, the applicant for employment or for a volunteer services position shall be conditional with the agency or with the department, and shall be dependent upon the outcome of the background check. (4) The results of the inquiry to the Tennessee bureau of investigation shall be recorded in the applicant's or volunteer's records. (5) If the information on the form appears to have been falsified, the Tennessee bureau of investigation shall report such finding to the department. The department shall notify, in writing, the appropriate district attorney general of such falsification. (c) The agency, and the department for its employees and volunteers, shall utilize the information on the form to conduct an inquiry of the department of health's vulnerable persons registry pursuant to title 68, chapter 11, part 10, for a review of the person's status on such registry. The results of the inquiry to the registry shall be maintained in the applicant's or volunteer's records. (d) (1) Whether obtained by use of the procedures established in this section or whether such information is obtained by any other means, conviction of an offense, or a lesser included offense, or a finding in a juvenile proceeding, involving the physical, sexual or emotional abuse or gross neglect of a child or that constitutes conviction of an offense, or a finding in a juvenile proceeding, involving violence against a child, or any person, or conviction of an offense determined by the department, pursuant to properly promulgated rules, to present a threat to the health, safety or welfare of children, and any pending warrants, indictments or presentments, or pending juvenile proceedings, for such offenses or acts as a juvenile, as determined by rules of the department, or the identification of the individual on the department of health's vulnerable persons registry pursuant to title 68, chapter 11, part 10, shall disqualify the individual from employment with, as a licensee of a child care agency or from providing any volunteer services to children in, or from having any access whatsoever to children as a resident of, a child care agency as defined by this part, or with the department; provided, that the exclusionary provisions of this section shall not apply to children in the care, custody or control of the department. (2) No person who is currently charged with or who has been convicted of or pled guilty to a violation of § 39-13-213 , § 55-10-101 , § 55-10-102 or § 55-10-401 , or any felony involving use of a motor vehicle while under the influence of any intoxicant, may, for a period of five (5) years after the date of such conviction or felony plea, be employed as or serve as a driver transporting children for a child care agency. (3) The child care agency, and the department for its employees, shall immediately exclude an individual from employment or volunteer services with children, if the results of the criminal background check or review of the vulnerable person's registry demonstrate to the agency, or upon review by the department demonstrate, that the criminal history of such individual is within the prohibited categories established in subdivision (d)(1). If an exemption from the exclusion is provided for by rule of the department pursuant to subsection (e), such person shall remain excluded until it is determined by the department whether there is a basis for an exception from the exclusion. (4) The failure of a child care agency to exclude a person with a prohibited criminal history from employment with, or from the provision of volunteer services, or the failure, as determined by the department, to adequately restrict the access to children of a resident at a child care agency, shall subject the child care agency to immediate suspension of the agency's license by the department. (5) Any person who is excluded based upon the results of the criminal history background review may appeal the exclusion to the department within ten (10) days of the mailing date of the notice of such exclusion to the subject person. (6) If timely appealed, the department shall provide an administrative hearing pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3, in which the appellant may challenge the accuracy of the report, and may challenge the failure to grant an exception to the exclusion required by this subsection (d) if a rule for such purpose is promulgated by the department pursuant to subsection (e). (7) The appellant may not collaterally attack the factual basis of an underlying conviction, except to show that the applicant is not the person identified on the record. Further, except to show that the applicant is not the person identified on the record, the appellant may not collaterally attack or litigate the facts that are the basis of a reported pending criminal charge, except to show that such charge was, or, since the report was generated, has been, dismissed, nolled or has resulted in an acquittal. (e) The department may by rule promulgate standards of review for the purpose of considering exemptions from the criminal background exclusion established by this section. (f) Nothing in this section shall be construed to prevent the exclusion of any individual from providing care for, from being licensed, approved or certified for the care of children pursuant to this part or from having access to a child in a child caring situation if the discovery of a criminal or juvenile proceeding background is discovered and verified in any manner other than through a procedure established pursuant to this section. All procedures, rules, and appeal processes established pursuant to this section for the protection of children and the due process rights of excluded individuals shall also be applicable to such individuals. (g) It is unlawful for any person to falsify any information required on the disclosure form required by this section. A person who knowingly fails to disclose on the disclosure form required information or who knowingly discloses false information or who knowingly assists another to do so commits a Class A misdemeanor. (h) The provisions of this section shall apply to detention centers and temporary holding resources described in § 37-5-109 . Acts 2000, ch. 981, § 29; 2003, ch. 26, §§ 1, 2; 2006, ch. 808, § 2.
(a) (1) Each person: (A) Applying to work with children as a paid employee with a child care agency as defined in § 37-5-501 , or with the department in any position in which any significant contact with children is likely in the course of the person's employment; or (B) A new volunteer who is expected to provide volunteer services in excess of twenty (20) hours per month in a child care agency, or with the department, in any position in which any significant contact with children is likely in the course of the person's volunteer status, shall complete a criminal history disclosure form in a manner approved by the department, and shall agree to release all records involving the person relating criminal history of such person to the child care agency and to the department for the purpose of verifying the accuracy of criminal violation information contained on the disclosure form required by this section. (2) Such persons also shall submit to a criminal history records check to be conducted through the Tennessee bureau of investigation, shall supply fingerprint samples to the Tennessee bureau of investigation and to the federal bureau of investigation, and shall submit to a review of such person's status on the department of health's vulnerable persons registry under title 68, chapter 11, part 10; (3) The disclosure forms shall include at a minimum the following information: (A) The social security number of the applicant or volunteer; (B) The complete name of the applicant or volunteer; (C) Disclosure of information relative to any violations of the law, including pending criminal charges of any kind, and any conviction involving a sentence or suspended or reduced sentence and a release of all records involving the person's criminal background history; and (D) A space for the applicant or volunteer to state any circumstances that should be considered in determining whether to allow the person to be employed or to remain as a resident in the agency or to provide volunteer services. (4) The form shall notify the applicant or volunteer that falsification of required information may subject the person to criminal prosecution, and that the person's employment or volunteer status with the agency or the department is conditional pending a criminal records history review regarding the person's criminal history status. (5) A copy of the disclosure form shall be maintained in the child care agency's records for review by the department, and the department shall maintain a copy of the disclosure form in the records of the applicant for employment or volunteer services with the department.
(1) Each person: (A) Applying to work with children as a paid employee with a child care agency as defined in § 37-5-501 , or with the department in any position in which any significant contact with children is likely in the course of the person's employment; or (B) A new volunteer who is expected to provide volunteer services in excess of twenty (20) hours per month in a child care agency, or with the department, in any position in which any significant contact with children is likely in the course of the person's volunteer status, shall complete a criminal history disclosure form in a manner approved by the department, and shall agree to release all records involving the person relating criminal history of such person to the child care agency and to the department for the purpose of verifying the accuracy of criminal violation information contained on the disclosure form required by this section.
(A) Applying to work with children as a paid employee with a child care agency as defined in § 37-5-501 , or with the department in any position in which any significant contact with children is likely in the course of the person's employment; or
(B) A new volunteer who is expected to provide volunteer services in excess of twenty (20) hours per month in a child care agency, or with the department, in any position in which any significant contact with children is likely in the course of the person's volunteer status, shall complete a criminal history disclosure form in a manner approved by the department, and shall agree to release all records involving the person relating criminal history of such person to the child care agency and to the department for the purpose of verifying the accuracy of criminal violation information contained on the disclosure form required by this section.
(2) Such persons also shall submit to a criminal history records check to be conducted through the Tennessee bureau of investigation, shall supply fingerprint samples to the Tennessee bureau of investigation and to the federal bureau of investigation, and shall submit to a review of such person's status on the department of health's vulnerable persons registry under title 68, chapter 11, part 10;
(3) The disclosure forms shall include at a minimum the following information: (A) The social security number of the applicant or volunteer; (B) The complete name of the applicant or volunteer; (C) Disclosure of information relative to any violations of the law, including pending criminal charges of any kind, and any conviction involving a sentence or suspended or reduced sentence and a release of all records involving the person's criminal background history; and (D) A space for the applicant or volunteer to state any circumstances that should be considered in determining whether to allow the person to be employed or to remain as a resident in the agency or to provide volunteer services.
(A) The social security number of the applicant or volunteer;
(B) The complete name of the applicant or volunteer;
(C) Disclosure of information relative to any violations of the law, including pending criminal charges of any kind, and any conviction involving a sentence or suspended or reduced sentence and a release of all records involving the person's criminal background history; and
(D) A space for the applicant or volunteer to state any circumstances that should be considered in determining whether to allow the person to be employed or to remain as a resident in the agency or to provide volunteer services.
(4) The form shall notify the applicant or volunteer that falsification of required information may subject the person to criminal prosecution, and that the person's employment or volunteer status with the agency or the department is conditional pending a criminal records history review regarding the person's criminal history status.
(5) A copy of the disclosure form shall be maintained in the child care agency's records for review by the department, and the department shall maintain a copy of the disclosure form in the records of the applicant for employment or volunteer services with the department.
(b) (1) The disclosure form shall be sent to the department by the child care agency and, pursuant to § 38-6-109 , the department may directly access the computer files of the Tennessee bureau of investigation's Tennessee crime information center (T.C.I.C.) using only names or other identifying data elements contained in the disclosure form or such other information as may be available to the department to obtain available Tennessee criminal history background information for the purpose of criminal background reviews. (2) If information obtained by this method indicates that there exists or may exist a criminal record on the individual, the department shall further review the criminal record history with the individual and the entity with whom the individual is associated to obtain further verification, and the department shall request fingerprint samples from the individual and submit the fingerprints for a complete Tennessee and federal criminal history background review pursuant to § 38-6-109 . The department shall pay the costs of such fingerprint background checks pursuant to §§ 38-6-103 and 38-6-109 . (3) Pending the outcome of the background check, the applicant for employment or for a volunteer services position shall be conditional with the agency or with the department, and shall be dependent upon the outcome of the background check. (4) The results of the inquiry to the Tennessee bureau of investigation shall be recorded in the applicant's or volunteer's records. (5) If the information on the form appears to have been falsified, the Tennessee bureau of investigation shall report such finding to the department. The department shall notify, in writing, the appropriate district attorney general of such falsification.
(1) The disclosure form shall be sent to the department by the child care agency and, pursuant to § 38-6-109 , the department may directly access the computer files of the Tennessee bureau of investigation's Tennessee crime information center (T.C.I.C.) using only names or other identifying data elements contained in the disclosure form or such other information as may be available to the department to obtain available Tennessee criminal history background information for the purpose of criminal background reviews.
(2) If information obtained by this method indicates that there exists or may exist a criminal record on the individual, the department shall further review the criminal record history with the individual and the entity with whom the individual is associated to obtain further verification, and the department shall request fingerprint samples from the individual and submit the fingerprints for a complete Tennessee and federal criminal history background review pursuant to § 38-6-109 . The department shall pay the costs of such fingerprint background checks pursuant to §§ 38-6-103 and 38-6-109 .
(3) Pending the outcome of the background check, the applicant for employment or for a volunteer services position shall be conditional with the agency or with the department, and shall be dependent upon the outcome of the background check.
(4) The results of the inquiry to the Tennessee bureau of investigation shall be recorded in the applicant's or volunteer's records.
(5) If the information on the form appears to have been falsified, the Tennessee bureau of investigation shall report such finding to the department. The department shall notify, in writing, the appropriate district attorney general of such falsification.
(c) The agency, and the department for its employees and volunteers, shall utilize the information on the form to conduct an inquiry of the department of health's vulnerable persons registry pursuant to title 68, chapter 11, part 10, for a review of the person's status on such registry. The results of the inquiry to the registry shall be maintained in the applicant's or volunteer's records.
(d) (1) Whether obtained by use of the procedures established in this section or whether such information is obtained by any other means, conviction of an offense, or a lesser included offense, or a finding in a juvenile proceeding, involving the physical, sexual or emotional abuse or gross neglect of a child or that constitutes conviction of an offense, or a finding in a juvenile proceeding, involving violence against a child, or any person, or conviction of an offense determined by the department, pursuant to properly promulgated rules, to present a threat to the health, safety or welfare of children, and any pending warrants, indictments or presentments, or pending juvenile proceedings, for such offenses or acts as a juvenile, as determined by rules of the department, or the identification of the individual on the department of health's vulnerable persons registry pursuant to title 68, chapter 11, part 10, shall disqualify the individual from employment with, as a licensee of a child care agency or from providing any volunteer services to children in, or from having any access whatsoever to children as a resident of, a child care agency as defined by this part, or with the department; provided, that the exclusionary provisions of this section shall not apply to children in the care, custody or control of the department. (2) No person who is currently charged with or who has been convicted of or pled guilty to a violation of § 39-13-213 , § 55-10-101 , § 55-10-102 or § 55-10-401 , or any felony involving use of a motor vehicle while under the influence of any intoxicant, may, for a period of five (5) years after the date of such conviction or felony plea, be employed as or serve as a driver transporting children for a child care agency. (3) The child care agency, and the department for its employees, shall immediately exclude an individual from employment or volunteer services with children, if the results of the criminal background check or review of the vulnerable person's registry demonstrate to the agency, or upon review by the department demonstrate, that the criminal history of such individual is within the prohibited categories established in subdivision (d)(1). If an exemption from the exclusion is provided for by rule of the department pursuant to subsection (e), such person shall remain excluded until it is determined by the department whether there is a basis for an exception from the exclusion. (4) The failure of a child care agency to exclude a person with a prohibited criminal history from employment with, or from the provision of volunteer services, or the failure, as determined by the department, to adequately restrict the access to children of a resident at a child care agency, shall subject the child care agency to immediate suspension of the agency's license by the department. (5) Any person who is excluded based upon the results of the criminal history background review may appeal the exclusion to the department within ten (10) days of the mailing date of the notice of such exclusion to the subject person. (6) If timely appealed, the department shall provide an administrative hearing pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3, in which the appellant may challenge the accuracy of the report, and may challenge the failure to grant an exception to the exclusion required by this subsection (d) if a rule for such purpose is promulgated by the department pursuant to subsection (e). (7) The appellant may not collaterally attack the factual basis of an underlying conviction, except to show that the applicant is not the person identified on the record. Further, except to show that the applicant is not the person identified on the record, the appellant may not collaterally attack or litigate the facts that are the basis of a reported pending criminal charge, except to show that such charge was, or, since the report was generated, has been, dismissed, nolled or has resulted in an acquittal.
(1) Whether obtained by use of the procedures established in this section or whether such information is obtained by any other means, conviction of an offense, or a lesser included offense, or a finding in a juvenile proceeding, involving the physical, sexual or emotional abuse or gross neglect of a child or that constitutes conviction of an offense, or a finding in a juvenile proceeding, involving violence against a child, or any person, or conviction of an offense determined by the department, pursuant to properly promulgated rules, to present a threat to the health, safety or welfare of children, and any pending warrants, indictments or presentments, or pending juvenile proceedings, for such offenses or acts as a juvenile, as determined by rules of the department, or the identification of the individual on the department of health's vulnerable persons registry pursuant to title 68, chapter 11, part 10, shall disqualify the individual from employment with, as a licensee of a child care agency or from providing any volunteer services to children in, or from having any access whatsoever to children as a resident of, a child care agency as defined by this part, or with the department; provided, that the exclusionary provisions of this section shall not apply to children in the care, custody or control of the department.
(2) No person who is currently charged with or who has been convicted of or pled guilty to a violation of § 39-13-213 , § 55-10-101 , § 55-10-102 or § 55-10-401 , or any felony involving use of a motor vehicle while under the influence of any intoxicant, may, for a period of five (5) years after the date of such conviction or felony plea, be employed as or serve as a driver transporting children for a child care agency.
(3) The child care agency, and the department for its employees, shall immediately exclude an individual from employment or volunteer services with children, if the results of the criminal background check or review of the vulnerable person's registry demonstrate to the agency, or upon review by the department demonstrate, that the criminal history of such individual is within the prohibited categories established in subdivision (d)(1). If an exemption from the exclusion is provided for by rule of the department pursuant to subsection (e), such person shall remain excluded until it is determined by the department whether there is a basis for an exception from the exclusion.
(4) The failure of a child care agency to exclude a person with a prohibited criminal history from employment with, or from the provision of volunteer services, or the failure, as determined by the department, to adequately restrict the access to children of a resident at a child care agency, shall subject the child care agency to immediate suspension of the agency's license by the department.
(5) Any person who is excluded based upon the results of the criminal history background review may appeal the exclusion to the department within ten (10) days of the mailing date of the notice of such exclusion to the subject person.
(6) If timely appealed, the department shall provide an administrative hearing pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3, in which the appellant may challenge the accuracy of the report, and may challenge the failure to grant an exception to the exclusion required by this subsection (d) if a rule for such purpose is promulgated by the department pursuant to subsection (e).
(7) The appellant may not collaterally attack the factual basis of an underlying conviction, except to show that the applicant is not the person identified on the record. Further, except to show that the applicant is not the person identified on the record, the appellant may not collaterally attack or litigate the facts that are the basis of a reported pending criminal charge, except to show that such charge was, or, since the report was generated, has been, dismissed, nolled or has resulted in an acquittal.
(e) The department may by rule promulgate standards of review for the purpose of considering exemptions from the criminal background exclusion established by this section.
(f) Nothing in this section shall be construed to prevent the exclusion of any individual from providing care for, from being licensed, approved or certified for the care of children pursuant to this part or from having access to a child in a child caring situation if the discovery of a criminal or juvenile proceeding background is discovered and verified in any manner other than through a procedure established pursuant to this section. All procedures, rules, and appeal processes established pursuant to this section for the protection of children and the due process rights of excluded individuals shall also be applicable to such individuals.
(g) It is unlawful for any person to falsify any information required on the disclosure form required by this section. A person who knowingly fails to disclose on the disclosure form required information or who knowingly discloses false information or who knowingly assists another to do so commits a Class A misdemeanor.
(h) The provisions of this section shall apply to detention centers and temporary holding resources described in § 37-5-109 .
Acts 2000, ch. 981, § 29; 2003, ch. 26, §§ 1, 2; 2006, ch. 808, § 2.
Tenn. Code Ann. § 37-1-105 — TN Code / Title 37 / Chapter 1 / Section 37-1-105
Probation officers
Status: in_force

(a) The judge has authority to appoint one (1) or more probation officers who shall receive such salary as shall be fixed by the county legislative body or as otherwise provided by law. (b) For the purpose of carrying out the objectives and purposes of this part and subject to the limitations of this part or imposed by the court, a probation officer, or other designated officers of the court, shall: (1) Make investigations, reports and recommendations to the juvenile court; (2) Receive and examine complaints and charges of delinquency or unruly conduct and conduct a preliminary inquiry; (3) Receive and examine complaints of dependency and neglect of a child for the purpose of considering the commencement of proceedings under this part; (4) Supervise and assist a child placed on probation or in such probation officer's protective supervision or care by order of the court or other authority of law; (5) Make appropriate referrals to other public or private agencies of the community if their assistance appears to be needed or desirable; (6) Take into custody and detain a child who is under such probation officer's supervision or care as a delinquent, unruly, or dependent and neglected child if the probation officer, or other designated officers of the court, have reasonable cause to believe that the child's health or safety is in imminent danger, or that such child may abscond or be removed from the jurisdiction of the court, or when ordered by the court pursuant to this part. Such child may be placed in detention or shelter care only if authorized by and in accordance with §§ 37-1-114 and 37-1-115 . Except as provided by this part, a probation officer, or other designated officer of the court, does not have the powers of a law enforcement officer. Such probation officer, or other designated officer of the court, shall not conduct accusatory proceedings under this part against a child who is or may be under such officer's care or supervision; and (7) Perform all other functions designated by this part or by order of the court pursuant thereto. (c) Any of the functions in subsection (b) may be performed in another state if authorized by the court of this state and permitted by the laws of the other state. Amended by 2018 Tenn. Acts, ch. 1052,Secs.s7, s8 eff. 7/1/2018. Amended by 2018 Tenn. Acts, ch. 1052,s 6, eff. 7/1/2018. Acts 1970, ch. 600, §§ 5, 6; 1983, ch. 165, § 1; T.C.A., §§ 37-205, 37-206.
(a) The judge has authority to appoint one (1) or more probation officers who shall receive such salary as shall be fixed by the county legislative body or as otherwise provided by law.
(b) For the purpose of carrying out the objectives and purposes of this part and subject to the limitations of this part or imposed by the court, a probation officer, or other designated officers of the court, shall: (1) Make investigations, reports and recommendations to the juvenile court; (2) Receive and examine complaints and charges of delinquency or unruly conduct and conduct a preliminary inquiry; (3) Receive and examine complaints of dependency and neglect of a child for the purpose of considering the commencement of proceedings under this part; (4) Supervise and assist a child placed on probation or in such probation officer's protective supervision or care by order of the court or other authority of law; (5) Make appropriate referrals to other public or private agencies of the community if their assistance appears to be needed or desirable; (6) Take into custody and detain a child who is under such probation officer's supervision or care as a delinquent, unruly, or dependent and neglected child if the probation officer, or other designated officers of the court, have reasonable cause to believe that the child's health or safety is in imminent danger, or that such child may abscond or be removed from the jurisdiction of the court, or when ordered by the court pursuant to this part. Such child may be placed in detention or shelter care only if authorized by and in accordance with §§ 37-1-114 and 37-1-115 . Except as provided by this part, a probation officer, or other designated officer of the court, does not have the powers of a law enforcement officer. Such probation officer, or other designated officer of the court, shall not conduct accusatory proceedings under this part against a child who is or may be under such officer's care or supervision; and (7) Perform all other functions designated by this part or by order of the court pursuant thereto.
(1) Make investigations, reports and recommendations to the juvenile court;
(2) Receive and examine complaints and charges of delinquency or unruly conduct and conduct a preliminary inquiry;
(3) Receive and examine complaints of dependency and neglect of a child for the purpose of considering the commencement of proceedings under this part;
(4) Supervise and assist a child placed on probation or in such probation officer's protective supervision or care by order of the court or other authority of law;
(5) Make appropriate referrals to other public or private agencies of the community if their assistance appears to be needed or desirable;
(6) Take into custody and detain a child who is under such probation officer's supervision or care as a delinquent, unruly, or dependent and neglected child if the probation officer, or other designated officers of the court, have reasonable cause to believe that the child's health or safety is in imminent danger, or that such child may abscond or be removed from the jurisdiction of the court, or when ordered by the court pursuant to this part. Such child may be placed in detention or shelter care only if authorized by and in accordance with §§ 37-1-114 and 37-1-115 . Except as provided by this part, a probation officer, or other designated officer of the court, does not have the powers of a law enforcement officer. Such probation officer, or other designated officer of the court, shall not conduct accusatory proceedings under this part against a child who is or may be under such officer's care or supervision; and
(7) Perform all other functions designated by this part or by order of the court pursuant thereto.
(c) Any of the functions in subsection (b) may be performed in another state if authorized by the court of this state and permitted by the laws of the other state.
Amended by 2018 Tenn. Acts, ch. 1052,Secs.s7, s8 eff. 7/1/2018.
Amended by 2018 Tenn. Acts, ch. 1052,s 6, eff. 7/1/2018.
Acts 1970, ch. 600, §§ 5, 6; 1983, ch. 165, § 1; T.C.A., §§ 37-205, 37-206.
Tenn. Code Ann. § 37-1-127 — TN Code / Title 37 / Chapter 1 / Section 37-1-127
Basic rights at hearing
Status: in_force

(a) A party is entitled to the opportunity to introduce evidence and otherwise be heard in the party's own behalf and to cross-examine adverse witnesses. (b) A child charged with a delinquent act need not be a witness against self-interest or otherwise engage in self-incrimination. (c) An extra-judicial statement, if obtained in the course of violation of this part or that would be constitutionally inadmissible in a criminal proceeding, shall not be used against the child. (d) Evidence illegally seized or obtained shall not be received over objection to establish the allegations made against the child. (e) A confession validly made by a child out of court is insufficient to support an adjudication of delinquency unless it is corroborated in whole or in part by other evidence. (f) If a child is charged with a delinquent act that could qualify such child as a violent juvenile sexual offender, as defined by § 40-39-202 , such child shall be given verbal and written notice of the violent juvenile sexual offender registration requirements prior to a hearing on whether the child committed such act. (g) (1) A video recording of a child by a forensic interviewer containing a statement made by the child under eighteen (18) years of age describing an act of sexual or physically violent contact performed with or on the child by a person or describing an act of sexual or physically violent contact performed by a person with or on another and witnessed by the child is admissible and may be considered for its bearing on any matter to which it is relevant in evidence at any stage of proceedings in an action under this title, if the requirements of this subsection (g) are met. (2) (A) Except as provided in subdivision (g)(2)(B), a video recording may be admitted as provided in subdivision (g)(1) if: (i) The video recording is shown to the reasonable satisfaction of the court to possess particularized guarantees of trustworthiness. In determining whether a statement possesses particularized guarantees of trustworthiness, the court may consider the factors set forth in § 24-7-123(b)(2) ; (ii) The interview was conducted by a forensic interviewer who met the requirements of § 24-7-123(b)(3) at the time the video recording was made; (iii) The recording is both visual and oral and is recorded on film or videotape or by other similar audiovisual means; (iv) The entire interview of the child was recorded on the video recording and the video recording is unaltered and accurately reflects the interview of the child; and (v) Every voice heard on the video recording is properly identified as determined by the court. (B) In delinquency and unruly conduct proceedings, a video recording may be admitted as provided in subdivision (g)(1) if the requirements of § 24-7-123(b) have been met. (3) If a video recording is offered into evidence pursuant to subdivision (g)(1), then the court shall: (A) Make specific findings of fact on the record as to the basis for the court's ruling regarding the admission or denial of admission of the video recording; and (B) Enter a protective order to restrict the video recording from further disclosure or dissemination. (4) A video recording offered into evidence pursuant to this subsection (g) is not a public record. The court shall order the video recording to be sealed and preserved following the conclusion of any proceeding. Amended by 2023 Tenn. Acts, ch. 139, s 3, eff. 4/6/2023. Acts 1970, ch. 600, § 27; T.C.A., § 37-227; Acts 2011 , ch. 483, § 1.
(a) A party is entitled to the opportunity to introduce evidence and otherwise be heard in the party's own behalf and to cross-examine adverse witnesses.
(b) A child charged with a delinquent act need not be a witness against self-interest or otherwise engage in self-incrimination.
(c) An extra-judicial statement, if obtained in the course of violation of this part or that would be constitutionally inadmissible in a criminal proceeding, shall not be used against the child.
(d) Evidence illegally seized or obtained shall not be received over objection to establish the allegations made against the child.
(e) A confession validly made by a child out of court is insufficient to support an adjudication of delinquency unless it is corroborated in whole or in part by other evidence.
(f) If a child is charged with a delinquent act that could qualify such child as a violent juvenile sexual offender, as defined by § 40-39-202 , such child shall be given verbal and written notice of the violent juvenile sexual offender registration requirements prior to a hearing on whether the child committed such act.
(g) (1) A video recording of a child by a forensic interviewer containing a statement made by the child under eighteen (18) years of age describing an act of sexual or physically violent contact performed with or on the child by a person or describing an act of sexual or physically violent contact performed by a person with or on another and witnessed by the child is admissible and may be considered for its bearing on any matter to which it is relevant in evidence at any stage of proceedings in an action under this title, if the requirements of this subsection (g) are met. (2) (A) Except as provided in subdivision (g)(2)(B), a video recording may be admitted as provided in subdivision (g)(1) if: (i) The video recording is shown to the reasonable satisfaction of the court to possess particularized guarantees of trustworthiness. In determining whether a statement possesses particularized guarantees of trustworthiness, the court may consider the factors set forth in § 24-7-123(b)(2) ; (ii) The interview was conducted by a forensic interviewer who met the requirements of § 24-7-123(b)(3) at the time the video recording was made; (iii) The recording is both visual and oral and is recorded on film or videotape or by other similar audiovisual means; (iv) The entire interview of the child was recorded on the video recording and the video recording is unaltered and accurately reflects the interview of the child; and (v) Every voice heard on the video recording is properly identified as determined by the court. (B) In delinquency and unruly conduct proceedings, a video recording may be admitted as provided in subdivision (g)(1) if the requirements of § 24-7-123(b) have been met. (3) If a video recording is offered into evidence pursuant to subdivision (g)(1), then the court shall: (A) Make specific findings of fact on the record as to the basis for the court's ruling regarding the admission or denial of admission of the video recording; and (B) Enter a protective order to restrict the video recording from further disclosure or dissemination. (4) A video recording offered into evidence pursuant to this subsection (g) is not a public record. The court shall order the video recording to be sealed and preserved following the conclusion of any proceeding.
(1) A video recording of a child by a forensic interviewer containing a statement made by the child under eighteen (18) years of age describing an act of sexual or physically violent contact performed with or on the child by a person or describing an act of sexual or physically violent contact performed by a person with or on another and witnessed by the child is admissible and may be considered for its bearing on any matter to which it is relevant in evidence at any stage of proceedings in an action under this title, if the requirements of this subsection (g) are met.
(2) (A) Except as provided in subdivision (g)(2)(B), a video recording may be admitted as provided in subdivision (g)(1) if: (i) The video recording is shown to the reasonable satisfaction of the court to possess particularized guarantees of trustworthiness. In determining whether a statement possesses particularized guarantees of trustworthiness, the court may consider the factors set forth in § 24-7-123(b)(2) ; (ii) The interview was conducted by a forensic interviewer who met the requirements of § 24-7-123(b)(3) at the time the video recording was made; (iii) The recording is both visual and oral and is recorded on film or videotape or by other similar audiovisual means; (iv) The entire interview of the child was recorded on the video recording and the video recording is unaltered and accurately reflects the interview of the child; and (v) Every voice heard on the video recording is properly identified as determined by the court. (B) In delinquency and unruly conduct proceedings, a video recording may be admitted as provided in subdivision (g)(1) if the requirements of § 24-7-123(b) have been met.
(A) Except as provided in subdivision (g)(2)(B), a video recording may be admitted as provided in subdivision (g)(1) if: (i) The video recording is shown to the reasonable satisfaction of the court to possess particularized guarantees of trustworthiness. In determining whether a statement possesses particularized guarantees of trustworthiness, the court may consider the factors set forth in § 24-7-123(b)(2) ; (ii) The interview was conducted by a forensic interviewer who met the requirements of § 24-7-123(b)(3) at the time the video recording was made; (iii) The recording is both visual and oral and is recorded on film or videotape or by other similar audiovisual means; (iv) The entire interview of the child was recorded on the video recording and the video recording is unaltered and accurately reflects the interview of the child; and (v) Every voice heard on the video recording is properly identified as determined by the court.
(i) The video recording is shown to the reasonable satisfaction of the court to possess particularized guarantees of trustworthiness. In determining whether a statement possesses particularized guarantees of trustworthiness, the court may consider the factors set forth in § 24-7-123(b)(2) ;
(ii) The interview was conducted by a forensic interviewer who met the requirements of § 24-7-123(b)(3) at the time the video recording was made;
(iii) The recording is both visual and oral and is recorded on film or videotape or by other similar audiovisual means;
(iv) The entire interview of the child was recorded on the video recording and the video recording is unaltered and accurately reflects the interview of the child; and
(v) Every voice heard on the video recording is properly identified as determined by the court.
(B) In delinquency and unruly conduct proceedings, a video recording may be admitted as provided in subdivision (g)(1) if the requirements of § 24-7-123(b) have been met.
(3) If a video recording is offered into evidence pursuant to subdivision (g)(1), then the court shall: (A) Make specific findings of fact on the record as to the basis for the court's ruling regarding the admission or denial of admission of the video recording; and (B) Enter a protective order to restrict the video recording from further disclosure or dissemination.
(A) Make specific findings of fact on the record as to the basis for the court's ruling regarding the admission or denial of admission of the video recording; and
(B) Enter a protective order to restrict the video recording from further disclosure or dissemination.
(4) A video recording offered into evidence pursuant to this subsection (g) is not a public record. The court shall order the video recording to be sealed and preserved following the conclusion of any proceeding.
Amended by 2023 Tenn. Acts, ch. 139, s 3, eff. 4/6/2023.
Acts 1970, ch. 600, § 27; T.C.A., § 37-227; Acts 2011 , ch. 483, § 1.
Tenn. Code Ann. § 37-1-806 — TN Code / Title 37 / Chapter 1 / Section 37-1-806
Modification or termination
Status: in_force

(a) A modification or termination of the permanent guardianship may be requested by the permanent guardian, by the child if the child is sixteen (16) years of age or older, the parent, or by the state. A modification or termination may also be ordered by the juvenile court on its own initiative. (b) Where the permanent guardianship is terminated by a juvenile court order, the court shall make further provisions for the permanent guardianship or custody of the child, based upon the best interests of the child. (c) An order for modification or termination of the permanent guardianship shall be based on a finding, by a preponderance of the evidence, that there has been a substantial change in material circumstances, or a determination by the court that one (1) or more findings required by § 37-1-802(b) no longer can be supported by the evidence. In determining whether there has been a substantial change in circumstances, the court may consider whether the child's parent is currently able and willing to care for the child, or that the permanent guardian is unable to continue to care for the child. (d) Prior to issuing an order modifying or terminating the order of permanent guardianship, the court shall also find that the proposed modification or termination is in the best interests of the child. In determining whether it is in the child's best interest that the permanent guardianship be modified or terminated, the court shall consider, along with other evidence determined to be relevant, 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. (e) Prior to modifying or terminating the permanent guardianship order to return the child to the parent, the court must consider whether there has been resolution of the factors in the home that resulted in the adjudication of the child as dependent and neglected, unruly, or delinquent. Where there has been involvement of the family with the department, consideration may include the parent's history of participation in working toward completion of the permanency plan. (f) In the event that it is necessary to appoint a successor permanent guardian, appropriate parties may be considered by the court, with the parent having no greater priority than a third party. The court may also consider, where appropriate, return of custody to the parent. (g) If a child is in partial or permanent guardianship of the department pursuant to title 36, that guardianship may be transferred to a permanent guardian pursuant to this section with the consent of the guardian. Acts 2005, ch. 389, § 1; 2007, ch. 372, §§ 5, 6.
(a) A modification or termination of the permanent guardianship may be requested by the permanent guardian, by the child if the child is sixteen (16) years of age or older, the parent, or by the state. A modification or termination may also be ordered by the juvenile court on its own initiative.
(b) Where the permanent guardianship is terminated by a juvenile court order, the court shall make further provisions for the permanent guardianship or custody of the child, based upon the best interests of the child.
(c) An order for modification or termination of the permanent guardianship shall be based on a finding, by a preponderance of the evidence, that there has been a substantial change in material circumstances, or a determination by the court that one (1) or more findings required by § 37-1-802(b) no longer can be supported by the evidence. In determining whether there has been a substantial change in circumstances, the court may consider whether the child's parent is currently able and willing to care for the child, or that the permanent guardian is unable to continue to care for the child.
(d) Prior to issuing an order modifying or terminating the order of permanent guardianship, the court shall also find that the proposed modification or termination is in the best interests of the child. In determining whether it is in the child's best interest that the permanent guardianship be modified or terminated, the court shall consider, along with other evidence determined to be relevant, 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.
(e) Prior to modifying or terminating the permanent guardianship order to return the child to the parent, the court must consider whether there has been resolution of the factors in the home that resulted in the adjudication of the child as dependent and neglected, unruly, or delinquent. Where there has been involvement of the family with the department, consideration may include the parent's history of participation in working toward completion of the permanency plan.
(f) In the event that it is necessary to appoint a successor permanent guardian, appropriate parties may be considered by the court, with the parent having no greater priority than a third party. The court may also consider, where appropriate, return of custody to the parent.
(g) If a child is in partial or permanent guardianship of the department pursuant to title 36, that guardianship may be transferred to a permanent guardian pursuant to this section with the consent of the guardian.
Acts 2005, ch. 389, § 1; 2007, ch. 372, §§ 5, 6.
Tenn. Code Ann. § 37-1-116 — TN Code / Title 37 / Chapter 1 / Section 37-1-116
Place of detention - Escape or attempted escape - Shelter care - Use of seclusion
Status: in_force

(a) A child alleged to be delinquent or unruly may be detained only in: (1) A licensed foster home or a home approved by the court; (2) A facility operated by a licensed child care agency; (3) A detention home or center for delinquent children that is under the direction or supervision of the court or other public authority or of a private agency approved by the court; or (4) Subject to subsection (e), any other suitable place or facility designated or operated by the court. The child may be detained in a jail or other facility for the detention of adults only if: (A) Other facilities in subdivision (a)(3) are not available; (B) The detention is in a room separate and removed from those for adults; and (C) It appears to the satisfaction of the court that public safety and protection reasonably require detention, and it so orders. (b) The official in charge of a jail or other facility for the detention of adult offenders or persons charged with crime shall inform the court immediately if a person who is or appears to be under eighteen (18) years of age is received at the facility, and shall bring such person before the court upon request or deliver such person to a detention or shelter care facility designated by the court. (c) If a case is transferred to another court for criminal prosecution, the child may be transferred to the appropriate officer or detention facility in accordance with the law governing the detention of persons charged with crime. (d) A child alleged to be dependent or neglected may be detained or placed in shelter care only in the facilities stated in subdivisions (a)(1), (2) and (4), and shall not be detained in a jail or other facility intended or used for the detention of adults charged with criminal offenses or of children alleged to be delinquent. (e) No child may be detained or otherwise placed in any jail or other facility for the detention of adults, except as provided in subsections (c) and (h). (f) A county may contract with juvenile courts in other counties, other public authorities, or private agencies to place children in any of the facilities listed in subdivisions (a)(1)-(3) and in the first sentence of subdivision (a)(4). The payment for such placements shall be according to per diem allowances established jointly by the department of children's services and the comptroller of the treasury, or as agreed upon between the county and the juvenile court or other authority or agency operating the facility. The cost allowances established jointly by the department and the comptroller of the treasury shall take into account the actual operating costs of the facility, the costs of any special programs offered by the facility, and the cost of any transportation provided by the facility. Any and all such costs of placement and transportation may be assessed against the parents or other persons legally obligated to care for and support the child as provided in § 37-1-150(d) . (g) To the extent necessary to comply with subsection (e), counties may expend funds received from the state for the purpose of improving juvenile court services or providing community alternatives to detention to pay for the alternative placement and transportation services described in subsection (f), and to develop other alternatives to jail for children, including emergency foster homes, runaway/emergency shelters, juvenile summons, crisis intervention, home detention, attendant care and other programs. (h) A juvenile may be temporarily detained for as short a time as feasible, not to exceed forty-eight (48) hours, in an adult jail or lockup, if: (1) The juvenile is accused of a serious crime against persons, including criminal homicide, forcible rape, mayhem, kidnapping, aggravated assault, robbery and extortion accompanied by threats of violence; (2) The county has a low population density not to exceed thirty-five (35) persons per square mile; (3) The facility and program have received prior certification by the Tennessee corrections institute as providing detention and treatment with total sight and sound separation from adult detainees and prisoners, including no access by trustees; (4) There is no juvenile court or other public authority, or private agency as provided in subsection (f), able and willing to contract for the placement of the juvenile; and (5) A determination is made that there is no existing acceptable alternative placement available for the juvenile. (i) (1) Notwithstanding the provisions of this section to the contrary, in any facility that meets the following requisites of separateness, juveniles who meet the detention criteria of § 37-1-114(c) may be held in a juvenile detention facility that is in the same building or on the same grounds as an adult jail or lockup; provided, that no juvenile facility constructed or developed after January 1, 1995, may be located in the same building or directly connected to any adult jail or lockup facility complex: (A) Total separation between juvenile and adult facility spatial areas such that there could be no haphazard or accidental contact between juvenile and adult residents in the respective facilities; (B) Total separation in all juvenile and adult program activities within the facilities, including recreation, education, counseling, health care, dining, sleeping and general living activities; (C) Separate juvenile and adult staff, including management, security staff and direct care staff, such as recreational, educational and counseling. Specialized services staff, such as cooks, bookkeepers and medical professionals who are not normally in contact with detainees or whose infrequent contacts occur under conditions of separation of juveniles and adults, can serve both; and (D) In the event that state standards or licensing requirements for secure juvenile detention facilities are established, the juvenile facility must meet the standards and be licensed or approved as appropriate. (2) In determining whether the criteria set out in this subsection (i) are met, the following factors will serve to enhance the separateness of juvenile and adult facilities: (A) Juvenile staff are employees of or volunteers for a juvenile service agency or the juvenile court with responsibility only for the conduct of the youth serving operations. Juvenile staff are specially trained in the handling of juveniles and the special problems associated with this group; (B) A separate juvenile operations manual, with written procedures for staff and agency reference, specifies the function and operation of the juvenile program; (C) There is minimal sharing between the facilities of public lobbies or office/support space for staff; (D) Juveniles do not share direct service or access space with adult offenders within the facilities, including entrance to and exits from the facilities. All juvenile facility intake, booking and admission processes take place in a separate area and are under the direction of juvenile facility staff. Secure juvenile entrances (sally ports, waiting areas) are independently controlled by juvenile staff and separated from adult entrances. Public entrances, lobbies and waiting areas for the juvenile detention program are also controlled by juvenile staff and separated from similar adult areas. Adult and juvenile residents do not make use of common passageways between intake areas, residential spaces and program/service spaces; (E) The space available for juvenile living, sleeping and the conduct of juvenile programs conforms to the requirements for secure juvenile detention specified by prevailing case law, prevailing professional standards of care, and by state code; and (F) The facility is formally recognized as a juvenile detention center by the state agency responsible for monitoring, review or certification of juvenile detention facilities. (j) (1) Any juvenile who: (A) Is alleged or adjudicated to be delinquent; (B) Is confined to a secure detention or correctional facility designated, operated or approved by the court; and (C) Absconds or attempts to abscond from such facility; may be charged with the offense of escape or attempted escape and a petition alleging such offense may be filed with the juvenile court of the county in which the alleged offense occurred. If the allegations of the petition are sustained, then the court may make any order of disposition authorized by § 37-1-131 . (2) Any juvenile who: (A) Is alleged or adjudicated to be delinquent; (B) Has been placed by the court in a secure detention or correctional facility designated, operated or approved by the court; (C) Is being transported to or from such facility; and (D) Absconds or attempts to abscond from the custody of the person responsible for such transportation; may be charged with the offense of escape or attempted escape and a petition alleging such offense may be filed with the juvenile court of the county in which the alleged offense occurred. If the allegations of the petition are sustained, then the court may make any order of disposition authorized by § 37-1-131 . (3) (A) Any juvenile may be charged with the offense of escape or attempted escape and a petition alleging the offense may be filed with the juvenile court of the county in which the alleged offense occurred who: (i) Is adjudicated to be delinquent; (ii) Is placed in a place of detention other than a secure detention facility, as specified in subsection (a); and (iii) Absconds or attempts to abscond from such facility. (B) Escape or attempted escape from a facility listed in subdivisions (a)(1)-(3) constitutes an offense that, if committed by an adult, would be a misdemeanor. If the allegations of the petition are sustained, then the court may make any order of disposition authorized by § 37-1-131 . (4) Upon an escape by a juvenile who is alleged or adjudicated to be delinquent by virtue of an act which is a felony if committed by an adult and who is confined to a secure detention or correctional facility designated, operated, or approved by the court, a youth development center, or other hardware secure facility that contracts with the department, the on-site facility supervisor-in-charge shall immediately report the escape to the department of children's services and chief law enforcement officer of the county in which the facility is located. The report must include the facts of the escape, the time when the escape occurred and the circumstances under which the escape occurred, together with the particular description of the escapee, the escapee's age, size, complexion, race, color of hair and eyes, and from what county the escapee was committed, for what offense, and when the offense occurred. An on-site facility supervisor-in-charge who intentionally fails to comply with the reporting requirement of this subdivision (j)(4) may be charged with the offense of permitting or facilitating escape under § 39-16-607 . (5) Upon a security breach at a secure detention or correctional facility designated, operated, or approved by the court for confinement of juveniles; a youth development center; or other hardware secure facility that contracts with the department, the on-site facility supervisor-in-charge shall immediately report the security breach to the department of children's services and the chief law enforcement officer of the county in which the facility is located. The report must include the facts of the security breach, the time when the breach occurred, and the circumstances under which the breach occurred, together with the particular description of any person involved in the breach, including the person's age, size, complexion, race, and color of hair and eyes. As used in this subdivision (j)(5), "security breach" means entry into a secure detention or correctional facility, youth development center, or other hardware secure facility that contracts with the department by an adult or child who is not authorized to do so. An on-site facility supervisor-in-charge who intentionally fails to comply with the reporting requirement of this subdivision (j)(5) may be charged with the offense of permitting or facilitating escape under § 39-16-607 . (k) (1) Notwithstanding any law to the contrary, no child alleged to be delinquent and meeting any of the criteria under this subsection (k) nor any child committed to the department of children's services as a delinquent child and meeting any of the criteria under this subsection (k) shall be held in shelter care authorized by this section with a child alleged to be dependent or neglected unless the following are satisfied: (A) There is total separation between facility spatial areas such that there could be no haphazard or accidental contact between a child alleged to be delinquent, or committed as delinquent, who meets the criteria of this subsection (k) and a child alleged to be dependent or neglected; and (B) There is total separation in all program activities between children alleged to be delinquent, or committed as delinquent, who meet the criteria of this subsection (k) and children alleged to be dependent or neglected, including all program activities listed in subdivision (i)(1)(B) and total separation of any staff for such children as listed in subdivision (i)(1)(C). (2) The criteria to be used under this subsection (k), together with an allegation of delinquency or commitment to the department as delinquent, are: (A) The child has been found to be delinquent or is alleged to be delinquent based upon a felony offense constituting a crime against a person or persons; (B) The child has prior commitments to the department as a result of having committed a felony offense or offenses that constitute a crime against a person or persons; (C) The child has been found to be delinquent or is alleged to be delinquent based upon a felony drug offense; (D) The child has prior commitments to the department as a result of having committed a felony drug offense; or (E) The child has a history of prior convictions for felony offenses that constitute crimes against persons or felony drug offenses, even though the child has never been committed to the department. (l) Seclusion must 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. This subsection ( l ) applies to any child detained in any facility pursuant to § 37-1-114 , either pre-adjudication or post-adjudication. 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 ( l ). Amended by 2021 Tenn. Acts, ch. 252, s 2, eff. 7/1/2021. Amended by 2021 Tenn. Acts, ch. 492, s 3, eff. 5/25/2021. Amended by 2021 Tenn. Acts, ch. 252, s 1, eff. 7/1/2021. Amended by 2018 Tenn. Acts, ch. 1052, s 13, eff. 7/1/2018. Acts 1970, ch. 600, § 16; 1983, ch. 408, §§ 1, 2; T.C.A., § 37-216; Acts 1984, ch. 995, § 1; 1989, ch. 278, § 38; 1989, ch. 329, § 1; 1994, ch. 817, § 1; 1996, ch. 1079, § 73; 1999, ch. 508, § 6; 2000, ch. 981, § 51; 2008 , ch. 1083, § 1; 2010 , ch. 803, § 1.
(a) A child alleged to be delinquent or unruly may be detained only in: (1) A licensed foster home or a home approved by the court; (2) A facility operated by a licensed child care agency; (3) A detention home or center for delinquent children that is under the direction or supervision of the court or other public authority or of a private agency approved by the court; or (4) Subject to subsection (e), any other suitable place or facility designated or operated by the court. The child may be detained in a jail or other facility for the detention of adults only if: (A) Other facilities in subdivision (a)(3) are not available; (B) The detention is in a room separate and removed from those for adults; and (C) It appears to the satisfaction of the court that public safety and protection reasonably require detention, and it so orders.
(1) A licensed foster home or a home approved by the court;
(2) A facility operated by a licensed child care agency;
(3) A detention home or center for delinquent children that is under the direction or supervision of the court or other public authority or of a private agency approved by the court; or
(4) Subject to subsection (e), any other suitable place or facility designated or operated by the court. The child may be detained in a jail or other facility for the detention of adults only if: (A) Other facilities in subdivision (a)(3) are not available; (B) The detention is in a room separate and removed from those for adults; and (C) It appears to the satisfaction of the court that public safety and protection reasonably require detention, and it so orders.
(A) Other facilities in subdivision (a)(3) are not available;
(B) The detention is in a room separate and removed from those for adults; and
(C) It appears to the satisfaction of the court that public safety and protection reasonably require detention, and it so orders.
(b) The official in charge of a jail or other facility for the detention of adult offenders or persons charged with crime shall inform the court immediately if a person who is or appears to be under eighteen (18) years of age is received at the facility, and shall bring such person before the court upon request or deliver such person to a detention or shelter care facility designated by the court.
(c) If a case is transferred to another court for criminal prosecution, the child may be transferred to the appropriate officer or detention facility in accordance with the law governing the detention of persons charged with crime.
(d) A child alleged to be dependent or neglected may be detained or placed in shelter care only in the facilities stated in subdivisions (a)(1), (2) and (4), and shall not be detained in a jail or other facility intended or used for the detention of adults charged with criminal offenses or of children alleged to be delinquent.
(e) No child may be detained or otherwise placed in any jail or other facility for the detention of adults, except as provided in subsections (c) and (h).
(f) A county may contract with juvenile courts in other counties, other public authorities, or private agencies to place children in any of the facilities listed in subdivisions (a)(1)-(3) and in the first sentence of subdivision (a)(4). The payment for such placements shall be according to per diem allowances established jointly by the department of children's services and the comptroller of the treasury, or as agreed upon between the county and the juvenile court or other authority or agency operating the facility. The cost allowances established jointly by the department and the comptroller of the treasury shall take into account the actual operating costs of the facility, the costs of any special programs offered by the facility, and the cost of any transportation provided by the facility. Any and all such costs of placement and transportation may be assessed against the parents or other persons legally obligated to care for and support the child as provided in § 37-1-150(d) .
(g) To the extent necessary to comply with subsection (e), counties may expend funds received from the state for the purpose of improving juvenile court services or providing community alternatives to detention to pay for the alternative placement and transportation services described in subsection (f), and to develop other alternatives to jail for children, including emergency foster homes, runaway/emergency shelters, juvenile summons, crisis intervention, home detention, attendant care and other programs.
(h) A juvenile may be temporarily detained for as short a time as feasible, not to exceed forty-eight (48) hours, in an adult jail or lockup, if: (1) The juvenile is accused of a serious crime against persons, including criminal homicide, forcible rape, mayhem, kidnapping, aggravated assault, robbery and extortion accompanied by threats of violence; (2) The county has a low population density not to exceed thirty-five (35) persons per square mile; (3) The facility and program have received prior certification by the Tennessee corrections institute as providing detention and treatment with total sight and sound separation from adult detainees and prisoners, including no access by trustees; (4) There is no juvenile court or other public authority, or private agency as provided in subsection (f), able and willing to contract for the placement of the juvenile; and (5) A determination is made that there is no existing acceptable alternative placement available for the juvenile.
(1) The juvenile is accused of a serious crime against persons, including criminal homicide, forcible rape, mayhem, kidnapping, aggravated assault, robbery and extortion accompanied by threats of violence;
(2) The county has a low population density not to exceed thirty-five (35) persons per square mile;
(3) The facility and program have received prior certification by the Tennessee corrections institute as providing detention and treatment with total sight and sound separation from adult detainees and prisoners, including no access by trustees;
(4) There is no juvenile court or other public authority, or private agency as provided in subsection (f), able and willing to contract for the placement of the juvenile; and
(5) A determination is made that there is no existing acceptable alternative placement available for the juvenile.
(i) (1) Notwithstanding the provisions of this section to the contrary, in any facility that meets the following requisites of separateness, juveniles who meet the detention criteria of § 37-1-114(c) may be held in a juvenile detention facility that is in the same building or on the same grounds as an adult jail or lockup; provided, that no juvenile facility constructed or developed after January 1, 1995, may be located in the same building or directly connected to any adult jail or lockup facility complex: (A) Total separation between juvenile and adult facility spatial areas such that there could be no haphazard or accidental contact between juvenile and adult residents in the respective facilities; (B) Total separation in all juvenile and adult program activities within the facilities, including recreation, education, counseling, health care, dining, sleeping and general living activities; (C) Separate juvenile and adult staff, including management, security staff and direct care staff, such as recreational, educational and counseling. Specialized services staff, such as cooks, bookkeepers and medical professionals who are not normally in contact with detainees or whose infrequent contacts occur under conditions of separation of juveniles and adults, can serve both; and (D) In the event that state standards or licensing requirements for secure juvenile detention facilities are established, the juvenile facility must meet the standards and be licensed or approved as appropriate. (2) In determining whether the criteria set out in this subsection (i) are met, the following factors will serve to enhance the separateness of juvenile and adult facilities: (A) Juvenile staff are employees of or volunteers for a juvenile service agency or the juvenile court with responsibility only for the conduct of the youth serving operations. Juvenile staff are specially trained in the handling of juveniles and the special problems associated with this group; (B) A separate juvenile operations manual, with written procedures for staff and agency reference, specifies the function and operation of the juvenile program; (C) There is minimal sharing between the facilities of public lobbies or office/support space for staff; (D) Juveniles do not share direct service or access space with adult offenders within the facilities, including entrance to and exits from the facilities. All juvenile facility intake, booking and admission processes take place in a separate area and are under the direction of juvenile facility staff. Secure juvenile entrances (sally ports, waiting areas) are independently controlled by juvenile staff and separated from adult entrances. Public entrances, lobbies and waiting areas for the juvenile detention program are also controlled by juvenile staff and separated from similar adult areas. Adult and juvenile residents do not make use of common passageways between intake areas, residential spaces and program/service spaces; (E) The space available for juvenile living, sleeping and the conduct of juvenile programs conforms to the requirements for secure juvenile detention specified by prevailing case law, prevailing professional standards of care, and by state code; and (F) The facility is formally recognized as a juvenile detention center by the state agency responsible for monitoring, review or certification of juvenile detention facilities.
(1) Notwithstanding the provisions of this section to the contrary, in any facility that meets the following requisites of separateness, juveniles who meet the detention criteria of § 37-1-114(c) may be held in a juvenile detention facility that is in the same building or on the same grounds as an adult jail or lockup; provided, that no juvenile facility constructed or developed after January 1, 1995, may be located in the same building or directly connected to any adult jail or lockup facility complex: (A) Total separation between juvenile and adult facility spatial areas such that there could be no haphazard or accidental contact between juvenile and adult residents in the respective facilities; (B) Total separation in all juvenile and adult program activities within the facilities, including recreation, education, counseling, health care, dining, sleeping and general living activities; (C) Separate juvenile and adult staff, including management, security staff and direct care staff, such as recreational, educational and counseling. Specialized services staff, such as cooks, bookkeepers and medical professionals who are not normally in contact with detainees or whose infrequent contacts occur under conditions of separation of juveniles and adults, can serve both; and (D) In the event that state standards or licensing requirements for secure juvenile detention facilities are established, the juvenile facility must meet the standards and be licensed or approved as appropriate.
(A) Total separation between juvenile and adult facility spatial areas such that there could be no haphazard or accidental contact between juvenile and adult residents in the respective facilities;
(B) Total separation in all juvenile and adult program activities within the facilities, including recreation, education, counseling, health care, dining, sleeping and general living activities;
(C) Separate juvenile and adult staff, including management, security staff and direct care staff, such as recreational, educational and counseling. Specialized services staff, such as cooks, bookkeepers and medical professionals who are not normally in contact with detainees or whose infrequent contacts occur under conditions of separation of juveniles and adults, can serve both; and
(D) In the event that state standards or licensing requirements for secure juvenile detention facilities are established, the juvenile facility must meet the standards and be licensed or approved as appropriate.
(2) In determining whether the criteria set out in this subsection (i) are met, the following factors will serve to enhance the separateness of juvenile and adult facilities: (A) Juvenile staff are employees of or volunteers for a juvenile service agency or the juvenile court with responsibility only for the conduct of the youth serving operations. Juvenile staff are specially trained in the handling of juveniles and the special problems associated with this group; (B) A separate juvenile operations manual, with written procedures for staff and agency reference, specifies the function and operation of the juvenile program; (C) There is minimal sharing between the facilities of public lobbies or office/support space for staff; (D) Juveniles do not share direct service or access space with adult offenders within the facilities, including entrance to and exits from the facilities. All juvenile facility intake, booking and admission processes take place in a separate area and are under the direction of juvenile facility staff. Secure juvenile entrances (sally ports, waiting areas) are independently controlled by juvenile staff and separated from adult entrances. Public entrances, lobbies and waiting areas for the juvenile detention program are also controlled by juvenile staff and separated from similar adult areas. Adult and juvenile residents do not make use of common passageways between intake areas, residential spaces and program/service spaces; (E) The space available for juvenile living, sleeping and the conduct of juvenile programs conforms to the requirements for secure juvenile detention specified by prevailing case law, prevailing professional standards of care, and by state code; and (F) The facility is formally recognized as a juvenile detention center by the state agency responsible for monitoring, review or certification of juvenile detention facilities.
(A) Juvenile staff are employees of or volunteers for a juvenile service agency or the juvenile court with responsibility only for the conduct of the youth serving operations. Juvenile staff are specially trained in the handling of juveniles and the special problems associated with this group;
(B) A separate juvenile operations manual, with written procedures for staff and agency reference, specifies the function and operation of the juvenile program;
(C) There is minimal sharing between the facilities of public lobbies or office/support space for staff;
(D) Juveniles do not share direct service or access space with adult offenders within the facilities, including entrance to and exits from the facilities. All juvenile facility intake, booking and admission processes take place in a separate area and are under the direction of juvenile facility staff. Secure juvenile entrances (sally ports, waiting areas) are independently controlled by juvenile staff and separated from adult entrances. Public entrances, lobbies and waiting areas for the juvenile detention program are also controlled by juvenile staff and separated from similar adult areas. Adult and juvenile residents do not make use of common passageways between intake areas, residential spaces and program/service spaces;
(E) The space available for juvenile living, sleeping and the conduct of juvenile programs conforms to the requirements for secure juvenile detention specified by prevailing case law, prevailing professional standards of care, and by state code; and
(F) The facility is formally recognized as a juvenile detention center by the state agency responsible for monitoring, review or certification of juvenile detention facilities.
(j) (1) Any juvenile who: (A) Is alleged or adjudicated to be delinquent; (B) Is confined to a secure detention or correctional facility designated, operated or approved by the court; and (C) Absconds or attempts to abscond from such facility; may be charged with the offense of escape or attempted escape and a petition alleging such offense may be filed with the juvenile court of the county in which the alleged offense occurred. If the allegations of the petition are sustained, then the court may make any order of disposition authorized by § 37-1-131 . (2) Any juvenile who: (A) Is alleged or adjudicated to be delinquent; (B) Has been placed by the court in a secure detention or correctional facility designated, operated or approved by the court; (C) Is being transported to or from such facility; and (D) Absconds or attempts to abscond from the custody of the person responsible for such transportation; may be charged with the offense of escape or attempted escape and a petition alleging such offense may be filed with the juvenile court of the county in which the alleged offense occurred. If the allegations of the petition are sustained, then the court may make any order of disposition authorized by § 37-1-131 . (3) (A) Any juvenile may be charged with the offense of escape or attempted escape and a petition alleging the offense may be filed with the juvenile court of the county in which the alleged offense occurred who: (i) Is adjudicated to be delinquent; (ii) Is placed in a place of detention other than a secure detention facility, as specified in subsection (a); and (iii) Absconds or attempts to abscond from such facility. (B) Escape or attempted escape from a facility listed in subdivisions (a)(1)-(3) constitutes an offense that, if committed by an adult, would be a misdemeanor. If the allegations of the petition are sustained, then the court may make any order of disposition authorized by § 37-1-131 . (4) Upon an escape by a juvenile who is alleged or adjudicated to be delinquent by virtue of an act which is a felony if committed by an adult and who is confined to a secure detention or correctional facility designated, operated, or approved by the court, a youth development center, or other hardware secure facility that contracts with the department, the on-site facility supervisor-in-charge shall immediately report the escape to the department of children's services and chief law enforcement officer of the county in which the facility is located. The report must include the facts of the escape, the time when the escape occurred and the circumstances under which the escape occurred, together with the particular description of the escapee, the escapee's age, size, complexion, race, color of hair and eyes, and from what county the escapee was committed, for what offense, and when the offense occurred. An on-site facility supervisor-in-charge who intentionally fails to comply with the reporting requirement of this subdivision (j)(4) may be charged with the offense of permitting or facilitating escape under § 39-16-607 . (5) Upon a security breach at a secure detention or correctional facility designated, operated, or approved by the court for confinement of juveniles; a youth development center; or other hardware secure facility that contracts with the department, the on-site facility supervisor-in-charge shall immediately report the security breach to the department of children's services and the chief law enforcement officer of the county in which the facility is located. The report must include the facts of the security breach, the time when the breach occurred, and the circumstances under which the breach occurred, together with the particular description of any person involved in the breach, including the person's age, size, complexion, race, and color of hair and eyes. As used in this subdivision (j)(5), "security breach" means entry into a secure detention or correctional facility, youth development center, or other hardware secure facility that contracts with the department by an adult or child who is not authorized to do so. An on-site facility supervisor-in-charge who intentionally fails to comply with the reporting requirement of this subdivision (j)(5) may be charged with the offense of permitting or facilitating escape under § 39-16-607 .
(1) Any juvenile who: (A) Is alleged or adjudicated to be delinquent; (B) Is confined to a secure detention or correctional facility designated, operated or approved by the court; and (C) Absconds or attempts to abscond from such facility; may be charged with the offense of escape or attempted escape and a petition alleging such offense may be filed with the juvenile court of the county in which the alleged offense occurred. If the allegations of the petition are sustained, then the court may make any order of disposition authorized by § 37-1-131 .
(A) Is alleged or adjudicated to be delinquent;
(B) Is confined to a secure detention or correctional facility designated, operated or approved by the court; and
(C) Absconds or attempts to abscond from such facility; may be charged with the offense of escape or attempted escape and a petition alleging such offense may be filed with the juvenile court of the county in which the alleged offense occurred. If the allegations of the petition are sustained, then the court may make any order of disposition authorized by § 37-1-131 .
may be charged with the offense of escape or attempted escape and a petition alleging such offense may be filed with the juvenile court of the county in which the alleged offense occurred. If the allegations of the petition are sustained, then the court may make any order of disposition authorized by § 37-1-131 .
(2) Any juvenile who: (A) Is alleged or adjudicated to be delinquent; (B) Has been placed by the court in a secure detention or correctional facility designated, operated or approved by the court; (C) Is being transported to or from such facility; and (D) Absconds or attempts to abscond from the custody of the person responsible for such transportation; may be charged with the offense of escape or attempted escape and a petition alleging such offense may be filed with the juvenile court of the county in which the alleged offense occurred. If the allegations of the petition are sustained, then the court may make any order of disposition authorized by § 37-1-131 .
(A) Is alleged or adjudicated to be delinquent;
(B) Has been placed by the court in a secure detention or correctional facility designated, operated or approved by the court;
(C) Is being transported to or from such facility; and
(D) Absconds or attempts to abscond from the custody of the person responsible for such transportation; may be charged with the offense of escape or attempted escape and a petition alleging such offense may be filed with the juvenile court of the county in which the alleged offense occurred. If the allegations of the petition are sustained, then the court may make any order of disposition authorized by § 37-1-131 .
may be charged with the offense of escape or attempted escape and a petition alleging such offense may be filed with the juvenile court of the county in which the alleged offense occurred. If the allegations of the petition are sustained, then the court may make any order of disposition authorized by § 37-1-131 .
(3) (A) Any juvenile may be charged with the offense of escape or attempted escape and a petition alleging the offense may be filed with the juvenile court of the county in which the alleged offense occurred who: (i) Is adjudicated to be delinquent; (ii) Is placed in a place of detention other than a secure detention facility, as specified in subsection (a); and (iii) Absconds or attempts to abscond from such facility. (B) Escape or attempted escape from a facility listed in subdivisions (a)(1)-(3) constitutes an offense that, if committed by an adult, would be a misdemeanor. If the allegations of the petition are sustained, then the court may make any order of disposition authorized by § 37-1-131 .
(A) Any juvenile may be charged with the offense of escape or attempted escape and a petition alleging the offense may be filed with the juvenile court of the county in which the alleged offense occurred who: (i) Is adjudicated to be delinquent; (ii) Is placed in a place of detention other than a secure detention facility, as specified in subsection (a); and (iii) Absconds or attempts to abscond from such facility.
(i) Is adjudicated to be delinquent;
(ii) Is placed in a place of detention other than a secure detention facility, as specified in subsection (a); and
(iii) Absconds or attempts to abscond from such facility.
(B) Escape or attempted escape from a facility listed in subdivisions (a)(1)-(3) constitutes an offense that, if committed by an adult, would be a misdemeanor. If the allegations of the petition are sustained, then the court may make any order of disposition authorized by § 37-1-131 .
(4) Upon an escape by a juvenile who is alleged or adjudicated to be delinquent by virtue of an act which is a felony if committed by an adult and who is confined to a secure detention or correctional facility designated, operated, or approved by the court, a youth development center, or other hardware secure facility that contracts with the department, the on-site facility supervisor-in-charge shall immediately report the escape to the department of children's services and chief law enforcement officer of the county in which the facility is located. The report must include the facts of the escape, the time when the escape occurred and the circumstances under which the escape occurred, together with the particular description of the escapee, the escapee's age, size, complexion, race, color of hair and eyes, and from what county the escapee was committed, for what offense, and when the offense occurred. An on-site facility supervisor-in-charge who intentionally fails to comply with the reporting requirement of this subdivision (j)(4) may be charged with the offense of permitting or facilitating escape under § 39-16-607 .
(5) Upon a security breach at a secure detention or correctional facility designated, operated, or approved by the court for confinement of juveniles; a youth development center; or other hardware secure facility that contracts with the department, the on-site facility supervisor-in-charge shall immediately report the security breach to the department of children's services and the chief law enforcement officer of the county in which the facility is located. The report must include the facts of the security breach, the time when the breach occurred, and the circumstances under which the breach occurred, together with the particular description of any person involved in the breach, including the person's age, size, complexion, race, and color of hair and eyes. As used in this subdivision (j)(5), "security breach" means entry into a secure detention or correctional facility, youth development center, or other hardware secure facility that contracts with the department by an adult or child who is not authorized to do so. An on-site facility supervisor-in-charge who intentionally fails to comply with the reporting requirement of this subdivision (j)(5) may be charged with the offense of permitting or facilitating escape under § 39-16-607 .
(k) (1) Notwithstanding any law to the contrary, no child alleged to be delinquent and meeting any of the criteria under this subsection (k) nor any child committed to the department of children's services as a delinquent child and meeting any of the criteria under this subsection (k) shall be held in shelter care authorized by this section with a child alleged to be dependent or neglected unless the following are satisfied: (A) There is total separation between facility spatial areas such that there could be no haphazard or accidental contact between a child alleged to be delinquent, or committed as delinquent, who meets the criteria of this subsection (k) and a child alleged to be dependent or neglected; and (B) There is total separation in all program activities between children alleged to be delinquent, or committed as delinquent, who meet the criteria of this subsection (k) and children alleged to be dependent or neglected, including all program activities listed in subdivision (i)(1)(B) and total separation of any staff for such children as listed in subdivision (i)(1)(C). (2) The criteria to be used under this subsection (k), together with an allegation of delinquency or commitment to the department as delinquent, are: (A) The child has been found to be delinquent or is alleged to be delinquent based upon a felony offense constituting a crime against a person or persons; (B) The child has prior commitments to the department as a result of having committed a felony offense or offenses that constitute a crime against a person or persons; (C) The child has been found to be delinquent or is alleged to be delinquent based upon a felony drug offense; (D) The child has prior commitments to the department as a result of having committed a felony drug offense; or (E) The child has a history of prior convictions for felony offenses that constitute crimes against persons or felony drug offenses, even though the child has never been committed to the department.
(1) Notwithstanding any law to the contrary, no child alleged to be delinquent and meeting any of the criteria under this subsection (k) nor any child committed to the department of children's services as a delinquent child and meeting any of the criteria under this subsection (k) shall be held in shelter care authorized by this section with a child alleged to be dependent or neglected unless the following are satisfied: (A) There is total separation between facility spatial areas such that there could be no haphazard or accidental contact between a child alleged to be delinquent, or committed as delinquent, who meets the criteria of this subsection (k) and a child alleged to be dependent or neglected; and (B) There is total separation in all program activities between children alleged to be delinquent, or committed as delinquent, who meet the criteria of this subsection (k) and children alleged to be dependent or neglected, including all program activities listed in subdivision (i)(1)(B) and total separation of any staff for such children as listed in subdivision (i)(1)(C).
(A) There is total separation between facility spatial areas such that there could be no haphazard or accidental contact between a child alleged to be delinquent, or committed as delinquent, who meets the criteria of this subsection (k) and a child alleged to be dependent or neglected; and
(B) There is total separation in all program activities between children alleged to be delinquent, or committed as delinquent, who meet the criteria of this subsection (k) and children alleged to be dependent or neglected, including all program activities listed in subdivision (i)(1)(B) and total separation of any staff for such children as listed in subdivision (i)(1)(C).
(2) The criteria to be used under this subsection (k), together with an allegation of delinquency or commitment to the department as delinquent, are: (A) The child has been found to be delinquent or is alleged to be delinquent based upon a felony offense constituting a crime against a person or persons; (B) The child has prior commitments to the department as a result of having committed a felony offense or offenses that constitute a crime against a person or persons; (C) The child has been found to be delinquent or is alleged to be delinquent based upon a felony drug offense; (D) The child has prior commitments to the department as a result of having committed a felony drug offense; or (E) The child has a history of prior convictions for felony offenses that constitute crimes against persons or felony drug offenses, even though the child has never been committed to the department.
(A) The child has been found to be delinquent or is alleged to be delinquent based upon a felony offense constituting a crime against a person or persons;
(B) The child has prior commitments to the department as a result of having committed a felony offense or offenses that constitute a crime against a person or persons;
(C) The child has been found to be delinquent or is alleged to be delinquent based upon a felony drug offense;
(D) The child has prior commitments to the department as a result of having committed a felony drug offense; or
(E) The child has a history of prior convictions for felony offenses that constitute crimes against persons or felony drug offenses, even though the child has never been committed to the department.
(l) Seclusion must 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. This subsection ( l ) applies to any child detained in any facility pursuant to § 37-1-114 , either pre-adjudication or post-adjudication. 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 ( l ).
Amended by 2021 Tenn. Acts, ch. 252, s 2, eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 492, s 3, eff. 5/25/2021.
Amended by 2021 Tenn. Acts, ch. 252, s 1, eff. 7/1/2021.
Amended by 2018 Tenn. Acts, ch. 1052, s 13, eff. 7/1/2018.
Acts 1970, ch. 600, § 16; 1983, ch. 408, §§ 1, 2; T.C.A., § 37-216; Acts 1984, ch. 995, § 1; 1989, ch. 278, § 38; 1989, ch. 329, § 1; 1994, ch. 817, § 1; 1996, ch. 1079, § 73; 1999, ch. 508, § 6; 2000, ch. 981, § 51; 2008 , ch. 1083, § 1; 2010 , ch. 803, § 1.
Tenn. Code Ann. § 37-1-161 — TN Code / Title 37 / Chapter 1 / Section 37-1-161
Reimbursement account
Status: in_force

(a) There is hereby established a reimbursement account, which shall be comprised of such amount of federal funds as are set aside by the commission on children and youth from the state's allocation under the Juvenile Justice and Delinquency Prevention Act formula grant funds and of state funds, if funds for such purpose are appropriated in the general appropriations act. The reimbursement account shall be used to provide financial assistance to counties for removing children from adult jails. (b) (1) A child who meets the criteria of § 37-1-114(c) for placement in a secure facility and who is taken into custody in a county that does not operate a secure juvenile detention facility may, with the approval of the juvenile court having jurisdiction in the matter, receive alternative services provided through the reimbursement account. (2) A child who meets the criteria of § 37-1-114(c) for placement in a secure facility and who is taken into custody in a county that has established a secure juvenile detention facility since the passage of legislation effective May 26, 1983, that prohibits the placement of children in adult jails may, with the approval of the juvenile court having jurisdiction in the matter, receive nonsecure alternative services provided through the reimbursement account. (c) The commission on children and youth shall promulgate regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for the administration of the reimbursement account. The regulations shall include, but not be limited to, the following factors: (1) Reporting requirements; (2) A maximum amount of payment per day; (3) Maximum length of stay; (4) Qualifications of service providers; and (5) Allowable services, which shall include, but not be limited to, the following items: (A) Transportation; (B) Secure detention; (C) Emergency shelter care; (D) Emergency foster care; and (E) Attendant care. (d) The juvenile court having jurisdiction in the matter shall make a determination concerning the ability of a child's parent or guardian to pay for all or part of the services eligible for reimbursement account payment. If the parent or guardian is able to pay for all or part of such services, the court shall require such payment from the parent or guardian. Acts 1984, ch. 856, § 1; 1986, ch. 837, §§ 3, 4; 1988, ch. 979, § 5; 2012, ch. 1026, § 1.
(a) There is hereby established a reimbursement account, which shall be comprised of such amount of federal funds as are set aside by the commission on children and youth from the state's allocation under the Juvenile Justice and Delinquency Prevention Act formula grant funds and of state funds, if funds for such purpose are appropriated in the general appropriations act. The reimbursement account shall be used to provide financial assistance to counties for removing children from adult jails.
(b) (1) A child who meets the criteria of § 37-1-114(c) for placement in a secure facility and who is taken into custody in a county that does not operate a secure juvenile detention facility may, with the approval of the juvenile court having jurisdiction in the matter, receive alternative services provided through the reimbursement account. (2) A child who meets the criteria of § 37-1-114(c) for placement in a secure facility and who is taken into custody in a county that has established a secure juvenile detention facility since the passage of legislation effective May 26, 1983, that prohibits the placement of children in adult jails may, with the approval of the juvenile court having jurisdiction in the matter, receive nonsecure alternative services provided through the reimbursement account.
(1) A child who meets the criteria of § 37-1-114(c) for placement in a secure facility and who is taken into custody in a county that does not operate a secure juvenile detention facility may, with the approval of the juvenile court having jurisdiction in the matter, receive alternative services provided through the reimbursement account.
(2) A child who meets the criteria of § 37-1-114(c) for placement in a secure facility and who is taken into custody in a county that has established a secure juvenile detention facility since the passage of legislation effective May 26, 1983, that prohibits the placement of children in adult jails may, with the approval of the juvenile court having jurisdiction in the matter, receive nonsecure alternative services provided through the reimbursement account.
(c) The commission on children and youth shall promulgate regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for the administration of the reimbursement account. The regulations shall include, but not be limited to, the following factors: (1) Reporting requirements; (2) A maximum amount of payment per day; (3) Maximum length of stay; (4) Qualifications of service providers; and (5) Allowable services, which shall include, but not be limited to, the following items: (A) Transportation; (B) Secure detention; (C) Emergency shelter care; (D) Emergency foster care; and (E) Attendant care.
(1) Reporting requirements;
(2) A maximum amount of payment per day;
(3) Maximum length of stay;
(4) Qualifications of service providers; and
(5) Allowable services, which shall include, but not be limited to, the following items: (A) Transportation; (B) Secure detention; (C) Emergency shelter care; (D) Emergency foster care; and (E) Attendant care.
(A) Transportation;
(B) Secure detention;
(C) Emergency shelter care;
(D) Emergency foster care; and
(E) Attendant care.
(d) The juvenile court having jurisdiction in the matter shall make a determination concerning the ability of a child's parent or guardian to pay for all or part of the services eligible for reimbursement account payment. If the parent or guardian is able to pay for all or part of such services, the court shall require such payment from the parent or guardian.
Acts 1984, ch. 856, § 1; 1986, ch. 837, §§ 3, 4; 1988, ch. 979, § 5; 2012, ch. 1026, § 1.
Tenn. Code Ann. § 37-10-305 — TN Code / Title 37 / Chapter 10 / Section 37-10-305
Medical emergencies
Status: in_force

The requirements of § 37-10-303 shall not apply when, in the best medical judgment of the physician based on the facts of the case before the physician, a medical emergency exists that so complicates the pregnancy as to require an immediate abortion. Acts 1988, ch. 929, § 5.
The requirements of § 37-10-303 shall not apply when, in the best medical judgment of the physician based on the facts of the case before the physician, a medical emergency exists that so complicates the pregnancy as to require an immediate abortion.
Acts 1988, ch. 929, § 5.