Tenn. Code Ann. § 52-5-411 — TN Code / Title 52 / Chapter 5 / Section 52-5-411
Capital offense - Release from involuntary commitment - Notice - Hearing - Appeal
Status: in_force

(a) If the department determines that a person, who has been judicially committed under § 52-5-404 by a criminal court in connection with a capital offense or with a verdict of not guilty by reason of insanity on a capital offense, no longer meets the commitment standards under which the person was committed, then the department must follow the procedures set out in this section to effect the person's release from involuntary commitment. (b) If the department determines that the person no longer meets the commitment criteria under which the person was committed, then the department must notify the committing court of this fact and the reasons. The determination by the department creates a rebuttable presumption of its correctness. The court may, within ten (10) business days, holidays excluded, of receipt of the notice, set a hearing to be held within twenty-one (21) business days, holidays excluded, of receipt of the department's notice on whether the person continues to meet the commitment criteria under which the person was committed. The court shall send notice of the hearing to the person; the commissioner; the person's counsel; the person's next of kin, if known; and the district attorney general. (c) If the court does not set a hearing and notify the department within fifteen (15) business days, holidays excluded, of its receipt of the facility's notice, then the facility must release the person from involuntary commitment. (d) The hearing to determine whether the person continues to meet the commitment criteria under which the person was committed must be held within twenty-one (21) business days, holidays excluded, of the court's receipt of notice from the department. The person shall attend the hearing unless the person's presence is waived in writing by counsel before the hearing. If the person does not have counsel, then the court must appoint counsel to represent the person. (e) Following the hearing, if the court finds by clear, unequivocal, and convincing evidence that the person meets the standards of § 52-5-404 , then the court must order the person's return to the intellectual disability facility under the authority of the person's commitment. Otherwise, the court shall order the person's release from commitment. (f) Either party may appeal a final adjudication under this section to the court of criminal appeals. (g) A person committed under § 33-5-403(b)(1) must remain committed until the competency of the person to stand trial is restored or, if competency is unable to be restored but the person no longer meets the standard set in § 33-5-403 , until the court with criminal jurisdiction over the charges approves a mandatory outpatient treatment plan that accounts for the safety of the community. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) If the department determines that a person, who has been judicially committed under § 52-5-404 by a criminal court in connection with a capital offense or with a verdict of not guilty by reason of insanity on a capital offense, no longer meets the commitment standards under which the person was committed, then the department must follow the procedures set out in this section to effect the person's release from involuntary commitment.
(b) If the department determines that the person no longer meets the commitment criteria under which the person was committed, then the department must notify the committing court of this fact and the reasons. The determination by the department creates a rebuttable presumption of its correctness. The court may, within ten (10) business days, holidays excluded, of receipt of the notice, set a hearing to be held within twenty-one (21) business days, holidays excluded, of receipt of the department's notice on whether the person continues to meet the commitment criteria under which the person was committed. The court shall send notice of the hearing to the person; the commissioner; the person's counsel; the person's next of kin, if known; and the district attorney general.
(c) If the court does not set a hearing and notify the department within fifteen (15) business days, holidays excluded, of its receipt of the facility's notice, then the facility must release the person from involuntary commitment.
(d) The hearing to determine whether the person continues to meet the commitment criteria under which the person was committed must be held within twenty-one (21) business days, holidays excluded, of the court's receipt of notice from the department. The person shall attend the hearing unless the person's presence is waived in writing by counsel before the hearing. If the person does not have counsel, then the court must appoint counsel to represent the person.
(e) Following the hearing, if the court finds by clear, unequivocal, and convincing evidence that the person meets the standards of § 52-5-404 , then the court must order the person's return to the intellectual disability facility under the authority of the person's commitment. Otherwise, the court shall order the person's release from commitment.
(f) Either party may appeal a final adjudication under this section to the court of criminal appeals.
(g) A person committed under § 33-5-403(b)(1) must remain committed until the competency of the person to stand trial is restored or, if competency is unable to be restored but the person no longer meets the standard set in § 33-5-403 , until the court with criminal jurisdiction over the charges approves a mandatory outpatient treatment plan that accounts for the safety of the community.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-2-602 — TN Code / Title 52 / Chapter 2 / Section 52-2-602
Conflict resolution procedures and appeal processes - Adoption by licensees
Status: in_force

Every licensee under this title shall have a clear conflict resolution procedure, including an appeal process, that complies with the department's rules, policies, procedures, and guidelines, as applicable, and shall communicate the procedure to each person supported and their family, as appropriate, involved in the service. Termination of service or support because a third-party payer refuses to continue to fund the service or support is not subject to the conflict resolution procedure. The location where service or support is to be provided is not subject to the conflict resolution procedure unless the location is inaccessible to the person supported and their family, as appropriate. The procedure must include the means to resolve a conflict informally and expeditiously in conformity with the department's rules, policies, procedures, or guidelines, as applicable. A licensee shall not cease to provide services and supports to a person supported with an intellectual or developmental disability during the pendency of the conflict resolution over the objection of the person supported. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Every licensee under this title shall have a clear conflict resolution procedure, including an appeal process, that complies with the department's rules, policies, procedures, and guidelines, as applicable, and shall communicate the procedure to each person supported and their family, as appropriate, involved in the service. Termination of service or support because a third-party payer refuses to continue to fund the service or support is not subject to the conflict resolution procedure. The location where service or support is to be provided is not subject to the conflict resolution procedure unless the location is inaccessible to the person supported and their family, as appropriate. The procedure must include the means to resolve a conflict informally and expeditiously in conformity with the department's rules, policies, procedures, or guidelines, as applicable. A licensee shall not cease to provide services and supports to a person supported with an intellectual or developmental disability during the pendency of the conflict resolution over the objection of the person supported.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-5-404 — TN Code / Title 52 / Chapter 5 / Section 52-5-404
Involuntary commitment
Status: in_force

(a) A person may be judicially committed to involuntary care and treatment in the custody of the commissioner in proceedings conducted in conformity with chapter 3, part 5 of this title only if: (1) The person has an intellectual disability; (2) The person poses a substantial likelihood of serious harm under § 52-5-402 because of the intellectual disability; (3) The person needs care, training, or treatment because of the intellectual disability; (4) All available less drastic alternatives to judicial commitment are unsuitable to meet the needs of the person; and (5) The district attorney general files a complaint to require involuntary care and treatment under § 52-5-403 . (b) (1) There is a rebuttable presumption that a person meets the standards in subdivisions (a)(1)-(4) for judicial commitment if the person was charged with a felony or Class A misdemeanor and found by a court to be incompetent to stand trial for the offense due to an intellectual disability; and (2) The presumption established by subdivision (b)(1) may only be rebutted by clear and convincing evidence that the person does not pose a substantial likelihood of serious harm. (c) Notwithstanding subsection (a), the district attorney general is not required to file a complaint to require involuntary care and treatment for a person who is found incompetent to stand trial due to intellectual disability in order to commit the person pursuant to this section. If a person is declared incompetent to stand trial for a criminal offense based on intellectual disability, then the court must determine whether the person is subject to involuntary care and treatment at the hearing in which the person is declared incompetent; provided, that two (2) certificates of need have been submitted to the court in accordance with this chapter. If no such certificates of need have been submitted prior to the hearing in which the person is declared incompetent, then the court shall direct the department to conduct an evaluation to determine if the person meets the criteria for involuntary care and treatment as set forth in subsection (a). If the court subsequently receives two (2) certificates of need in accordance with this chapter, then the court shall conduct a hearing to determine if the person must be committed to the custody of the department. Amended by 2024 Tenn. Acts, ch. 1031,s 2, eff. 5/28/2024. Amended by 2024 Tenn. Acts, ch. 1031,s 1, eff. 5/28/2024. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) A person may be judicially committed to involuntary care and treatment in the custody of the commissioner in proceedings conducted in conformity with chapter 3, part 5 of this title only if: (1) The person has an intellectual disability; (2) The person poses a substantial likelihood of serious harm under § 52-5-402 because of the intellectual disability; (3) The person needs care, training, or treatment because of the intellectual disability; (4) All available less drastic alternatives to judicial commitment are unsuitable to meet the needs of the person; and (5) The district attorney general files a complaint to require involuntary care and treatment under § 52-5-403 .
(1) The person has an intellectual disability;
(2) The person poses a substantial likelihood of serious harm under § 52-5-402 because of the intellectual disability;
(3) The person needs care, training, or treatment because of the intellectual disability;
(4) All available less drastic alternatives to judicial commitment are unsuitable to meet the needs of the person; and
(5) The district attorney general files a complaint to require involuntary care and treatment under § 52-5-403 .
(b) (1) There is a rebuttable presumption that a person meets the standards in subdivisions (a)(1)-(4) for judicial commitment if the person was charged with a felony or Class A misdemeanor and found by a court to be incompetent to stand trial for the offense due to an intellectual disability; and (2) The presumption established by subdivision (b)(1) may only be rebutted by clear and convincing evidence that the person does not pose a substantial likelihood of serious harm.
(1) There is a rebuttable presumption that a person meets the standards in subdivisions (a)(1)-(4) for judicial commitment if the person was charged with a felony or Class A misdemeanor and found by a court to be incompetent to stand trial for the offense due to an intellectual disability; and
(2) The presumption established by subdivision (b)(1) may only be rebutted by clear and convincing evidence that the person does not pose a substantial likelihood of serious harm.
(c) Notwithstanding subsection (a), the district attorney general is not required to file a complaint to require involuntary care and treatment for a person who is found incompetent to stand trial due to intellectual disability in order to commit the person pursuant to this section. If a person is declared incompetent to stand trial for a criminal offense based on intellectual disability, then the court must determine whether the person is subject to involuntary care and treatment at the hearing in which the person is declared incompetent; provided, that two (2) certificates of need have been submitted to the court in accordance with this chapter. If no such certificates of need have been submitted prior to the hearing in which the person is declared incompetent, then the court shall direct the department to conduct an evaluation to determine if the person meets the criteria for involuntary care and treatment as set forth in subsection (a). If the court subsequently receives two (2) certificates of need in accordance with this chapter, then the court shall conduct a hearing to determine if the person must be committed to the custody of the department.
Amended by 2024 Tenn. Acts, ch. 1031,s 2, eff. 5/28/2024.
Amended by 2024 Tenn. Acts, ch. 1031,s 1, eff. 5/28/2024.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-2-404 — TN Code / Title 52 / Chapter 2 / Section 52-2-404
Licensure rules
Status: in_force

(a) The department shall adopt rules for licensure of services and facilities regarding adequacy of services, qualifications of professional staff, and facility conditions. The department shall require for licensure satisfaction of basic quality standards set under part 3 of this chapter, as applicable, and may require higher standards. The rules must include consideration of the adequacy of environment, life safety, treatment or habilitation services, education and training requirements of the staff, and other considerations that the department deems necessary to determine the adequacy of the provision of intellectual and developmental disability services. The department may adopt rules for the administration of the licensure program. (b) Notwithstanding any law to the contrary, the department has the authority to amend its rules for licensure as needed to be consistent with the federal home-based and community-based settings final rule, published in the Federal Register at 79 FR 2947 (January 16, 2014), as amended or revised, including the authority to differentiate licensure requirements for any entity contracted to provide medicaid-reimbursed home- and community-based services in order to allow the facility or entity to comply with the federal rule and continue to receive medicaid reimbursement for home- and community-based services. Rules adopted by the department under this subsection (b) must be developed with input from stakeholders and promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; provided, however, that the department shall not promulgate emergency rules under this subsection (b) as defined in § 4-5-208 . Licensure survey and enforcement must be conducted in a manner consistent with any rule issued under this subsection (b). Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) The department shall adopt rules for licensure of services and facilities regarding adequacy of services, qualifications of professional staff, and facility conditions. The department shall require for licensure satisfaction of basic quality standards set under part 3 of this chapter, as applicable, and may require higher standards. The rules must include consideration of the adequacy of environment, life safety, treatment or habilitation services, education and training requirements of the staff, and other considerations that the department deems necessary to determine the adequacy of the provision of intellectual and developmental disability services. The department may adopt rules for the administration of the licensure program.
(b) Notwithstanding any law to the contrary, the department has the authority to amend its rules for licensure as needed to be consistent with the federal home-based and community-based settings final rule, published in the Federal Register at 79 FR 2947 (January 16, 2014), as amended or revised, including the authority to differentiate licensure requirements for any entity contracted to provide medicaid-reimbursed home- and community-based services in order to allow the facility or entity to comply with the federal rule and continue to receive medicaid reimbursement for home- and community-based services. Rules adopted by the department under this subsection (b) must be developed with input from stakeholders and promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; provided, however, that the department shall not promulgate emergency rules under this subsection (b) as defined in § 4-5-208 . Licensure survey and enforcement must be conducted in a manner consistent with any rule issued under this subsection (b).
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-5-101 — TN Code / Title 52 / Chapter 5 / Section 52-5-101
Applicability of title
Status: in_force

Services to persons with a developmental disability are governed generally by this title. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Services to persons with a developmental disability are governed generally by this title.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-5-505 — TN Code / Title 52 / Chapter 5 / Section 52-5-505
Hearing to contest services plan
Status: in_force

If a defendant contests a plan proposed by the department under § 52-5-501 , § 52-5-502 , or § 52-5-503 , then the court must hold a hearing within seven (7) days of receipt of the request to determine whether the plan is programmatically appropriate and legally permissible. The court shall either approve the plan or approve the plan as modified by the department to correct deficiencies found by the court. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
If a defendant contests a plan proposed by the department under § 52-5-501 , § 52-5-502 , or § 52-5-503 , then the court must hold a hearing within seven (7) days of receipt of the request to determine whether the plan is programmatically appropriate and legally permissible. The court shall either approve the plan or approve the plan as modified by the department to correct deficiencies found by the court.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-2-1103 — TN Code / Title 52 / Chapter 2 / Section 52-2-1103
Contractors - Interest in facility - Disclosure of information
Status: in_force

A person to whom this part applies shall disclose the information required by this part before being hired or as a part of a contract entered into with a provider of intellectual or developmental disability services or supports. Failure to disclose the information subjects the person to removal from the position held or the contract to cancellation or renegotiation. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
A person to whom this part applies shall disclose the information required by this part before being hired or as a part of a contract entered into with a provider of intellectual or developmental disability services or supports. Failure to disclose the information subjects the person to removal from the position held or the contract to cancellation or renegotiation.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-3-402 — TN Code / Title 52 / Chapter 3 / Section 52-3-402
Records and recordation - Copies of court orders - Personal and family history
Status: in_force

(a) In all judicial proceedings under this title, the clerk of the court in which the proceedings are held shall keep a careful and accurate record of the proceedings. (b) (1) Whenever, in a judicial proceeding under this title, a person has been ordered admitted, the clerk of the court shall immediately communicate the action of the court to the department. (2) A copy of the court order must be forwarded to the department together with a personal and family history of the person with an intellectual or developmental disability that the clerk shall complete, and any other forms or documents required by rules of the department. (3) The department shall furnish a supply of all necessary forms to the clerks of the various courts. (c) The clerk may communicate to the department the cost that is included in the costs and expenses of the case. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) In all judicial proceedings under this title, the clerk of the court in which the proceedings are held shall keep a careful and accurate record of the proceedings.
(b) (1) Whenever, in a judicial proceeding under this title, a person has been ordered admitted, the clerk of the court shall immediately communicate the action of the court to the department. (2) A copy of the court order must be forwarded to the department together with a personal and family history of the person with an intellectual or developmental disability that the clerk shall complete, and any other forms or documents required by rules of the department. (3) The department shall furnish a supply of all necessary forms to the clerks of the various courts.
(1) Whenever, in a judicial proceeding under this title, a person has been ordered admitted, the clerk of the court shall immediately communicate the action of the court to the department.
(2) A copy of the court order must be forwarded to the department together with a personal and family history of the person with an intellectual or developmental disability that the clerk shall complete, and any other forms or documents required by rules of the department.
(3) The department shall furnish a supply of all necessary forms to the clerks of the various courts.
(c) The clerk may communicate to the department the cost that is included in the costs and expenses of the case.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-4-101 — TN Code / Title 52 / Chapter 4 / Section 52-4-101
Visitors and communication
Status: in_force

(a) A person with an intellectual or developmental disability is entitled to: (1) Receive visitors; and (2) Communicate, orally or by sending and receiving uncensored mail, with the person supported's family, attorney, personal physician, and minister, and the courts. (b) All other incoming mail or parcels may be read or opened before being delivered to a person supported, if a department-operated facility believes the action is necessary for the physical or mental health of the person supported who is the intended recipient. Mail or other communication that is not delivered to the person supported for whom it is intended must be returned immediately to the sender. (c) A facility or entity may make reasonable rules regarding visitors, visiting hours, and the use of communication resources. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) A person with an intellectual or developmental disability is entitled to: (1) Receive visitors; and (2) Communicate, orally or by sending and receiving uncensored mail, with the person supported's family, attorney, personal physician, and minister, and the courts.
(1) Receive visitors; and
(2) Communicate, orally or by sending and receiving uncensored mail, with the person supported's family, attorney, personal physician, and minister, and the courts.
(b) All other incoming mail or parcels may be read or opened before being delivered to a person supported, if a department-operated facility believes the action is necessary for the physical or mental health of the person supported who is the intended recipient. Mail or other communication that is not delivered to the person supported for whom it is intended must be returned immediately to the sender.
(c) A facility or entity may make reasonable rules regarding visitors, visiting hours, and the use of communication resources.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-3-116 — TN Code / Title 52 / Chapter 3 / Section 52-3-116
Involuntary commitment - Reports
Status: in_force

(a) If a person supported is involuntarily committed to an inpatient treatment facility under this title, then the inpatient treatment facility must report the person supported to local law enforcement as soon as practicable, but no later than the third business day following the date of such commitment. Additionally such facility must report the person supported to the federal bureau of investigation-NICS Index and the department of safety as soon as practicable, but no later than the third business day following the date of receiving such notification, for the purposes of complying with the NICS Improvement Amendments Act of 2007 (NIAA)(Pub. L. No. 110-180), as amended. (b) If an inpatient treatment facility is required to report pursuant to subsection (a), then the facility must report the following information: (1) Complete name of the person involuntarily committed; (2) Date involuntary commitment was ordered; (3) Private or state hospital or treatment resource to which the individual was involuntarily committed; (4) Date of birth of the person involuntarily committed; (5) Race and sex of the person involuntarily committed; and (6) Social security number of the person involuntarily committed, if available. (c) The information in subsection (b), the confidentiality of which may be protected by other law or rules, must be maintained as confidential and not be subject to public inspection pursuant to such law or rules, except for such use as may be necessary in the conduct of any proceedings pursuant to §§ 39-17-1316 , 39-17-1353 , and 39-17-1354 . Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) If a person supported is involuntarily committed to an inpatient treatment facility under this title, then the inpatient treatment facility must report the person supported to local law enforcement as soon as practicable, but no later than the third business day following the date of such commitment. Additionally such facility must report the person supported to the federal bureau of investigation-NICS Index and the department of safety as soon as practicable, but no later than the third business day following the date of receiving such notification, for the purposes of complying with the NICS Improvement Amendments Act of 2007 (NIAA)(Pub. L. No. 110-180), as amended.
(b) If an inpatient treatment facility is required to report pursuant to subsection (a), then the facility must report the following information: (1) Complete name of the person involuntarily committed; (2) Date involuntary commitment was ordered; (3) Private or state hospital or treatment resource to which the individual was involuntarily committed; (4) Date of birth of the person involuntarily committed; (5) Race and sex of the person involuntarily committed; and (6) Social security number of the person involuntarily committed, if available.
(1) Complete name of the person involuntarily committed;
(2) Date involuntary commitment was ordered;
(3) Private or state hospital or treatment resource to which the individual was involuntarily committed;
(4) Date of birth of the person involuntarily committed;
(5) Race and sex of the person involuntarily committed; and
(6) Social security number of the person involuntarily committed, if available.
(c) The information in subsection (b), the confidentiality of which may be protected by other law or rules, must be maintained as confidential and not be subject to public inspection pursuant to such law or rules, except for such use as may be necessary in the conduct of any proceedings pursuant to §§ 39-17-1316 , 39-17-1353 , and 39-17-1354 .
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-3-205 — TN Code / Title 52 / Chapter 3 / Section 52-3-205
Threats - Communication to qualified mental health professional or behavior analyst
Status: in_force

An employee of a service provider shall communicate a threat to a qualified mental health professional or behavior analyst employed by the service provider only if: (1) The employee is normally responsible for transmitting or recording communications from a person supported to the professional or analyst; and (2) The employee receives a communication from a person supported of an actual threat of bodily harm against a clearly identified victim. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
An employee of a service provider shall communicate a threat to a qualified mental health professional or behavior analyst employed by the service provider only if:
(1) The employee is normally responsible for transmitting or recording communications from a person supported to the professional or analyst; and
(2) The employee receives a communication from a person supported of an actual threat of bodily harm against a clearly identified victim.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-2-502 — TN Code / Title 52 / Chapter 2 / Section 52-2-502
Transportation services meeting
Status: in_force

The department shall, at least annually, convene a meeting on transportation services for persons with an intellectual or developmental disability and for older persons. The purpose is to promote development of interagency agreements under § 52-1-106 that assure availability of generic and specialized transportation services to persons supported and their families, coordinate service options, coordinate and maximize utilization of funding mechanisms, and assure training of transportation personnel in best practices for transporting persons supported. Participants must include affected state agencies, local government, public and private transportation service providers, intellectual and developmental disability service providers, persons supported, and family members of persons supported. There must be a sufficient number of persons supported and their family members to assure effective representation in the meeting. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
The department shall, at least annually, convene a meeting on transportation services for persons with an intellectual or developmental disability and for older persons. The purpose is to promote development of interagency agreements under § 52-1-106 that assure availability of generic and specialized transportation services to persons supported and their families, coordinate service options, coordinate and maximize utilization of funding mechanisms, and assure training of transportation personnel in best practices for transporting persons supported. Participants must include affected state agencies, local government, public and private transportation service providers, intellectual and developmental disability service providers, persons supported, and family members of persons supported. There must be a sufficient number of persons supported and their family members to assure effective representation in the meeting.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-2-603 — TN Code / Title 52 / Chapter 2 / Section 52-2-603
Application of part
Status: in_force

This part does not apply to grievances that are to be resolved under § 52-5-209(b)(3) , policies, and procedures. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
This part does not apply to grievances that are to be resolved under § 52-5-209(b)(3) , policies, and procedures.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-8-105 — TN Code / Title 52 / Chapter 8 / Section 52-8-105
Conflict of interest
Status: in_force

If any matter before the commission involves a project, transaction, or relationship in which a member or a member's associated institution, business, or agency has a direct or a conflicting interest, then the member must make known to the commission that interest and be excused from the proceedings. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
If any matter before the commission involves a project, transaction, or relationship in which a member or a member's associated institution, business, or agency has a direct or a conflicting interest, then the member must make known to the commission that interest and be excused from the proceedings.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-3-211 — TN Code / Title 52 / Chapter 3 / Section 52-3-211
Surrogate decision maker - Liability
Status: in_force

A surrogate may decide for the person supported with respect to the matter in question, and the surrogate who acts in good faith, reasonably, and without malice in connection with the decision is free from all liability, civil or criminal, by reason of the decision, if: (1) (A) The adult with an intellectual or developmental disability does not have a conservator; or (B) The child with an intellectual or developmental disability does not have a parent or legal guardian; (2) (A) The licensed dentist determines that the person lacks capacity to make a decision about a routine dental decision; (B) The licensed psychologist with health service provider designation determines that the person lacks capacity to make a decision about a routine medical or behavioral treatment; or (C) The licensed physician determines that the person lacks capacity to make a decision about a routine medical treatment; (3) The physician, psychologist, or dentist uses an assessment process generally accepted within the professional standards of the relevant field; (4) The physician, psychologist, or dentist determines that someone is eligible to serve as a surrogate decision maker for the person supported on the matter in question under § 52-3-212 ; (5) The person supported does not reject the proposed surrogate for the decision in any way; and (6) The physician, psychologist, or dentist provides the surrogate the information necessary to make an informed decision. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
A surrogate may decide for the person supported with respect to the matter in question, and the surrogate who acts in good faith, reasonably, and without malice in connection with the decision is free from all liability, civil or criminal, by reason of the decision, if:
(1) (A) The adult with an intellectual or developmental disability does not have a conservator; or (B) The child with an intellectual or developmental disability does not have a parent or legal guardian;
(A) The adult with an intellectual or developmental disability does not have a conservator; or
(B) The child with an intellectual or developmental disability does not have a parent or legal guardian;
(2) (A) The licensed dentist determines that the person lacks capacity to make a decision about a routine dental decision; (B) The licensed psychologist with health service provider designation determines that the person lacks capacity to make a decision about a routine medical or behavioral treatment; or (C) The licensed physician determines that the person lacks capacity to make a decision about a routine medical treatment;
(A) The licensed dentist determines that the person lacks capacity to make a decision about a routine dental decision;
(B) The licensed psychologist with health service provider designation determines that the person lacks capacity to make a decision about a routine medical or behavioral treatment; or
(C) The licensed physician determines that the person lacks capacity to make a decision about a routine medical treatment;
(3) The physician, psychologist, or dentist uses an assessment process generally accepted within the professional standards of the relevant field;
(4) The physician, psychologist, or dentist determines that someone is eligible to serve as a surrogate decision maker for the person supported on the matter in question under § 52-3-212 ;
(5) The person supported does not reject the proposed surrogate for the decision in any way; and
(6) The physician, psychologist, or dentist provides the surrogate the information necessary to make an informed decision.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-1-102 — TN Code / Title 52 / Chapter 1 / Section 52-1-102
Policy - Values - Service principles
Status: in_force

(a) It is the policy of the state to plan on the basis of and to promote the use of private and public service providers, without regard for funding source, to achieve outcomes and accomplishments that create opportunities for persons supported and potential persons supported to have the greatest possible control of their lives in the least restrictive environment that is appropriate for each person. The department shall plan for and promote the availability of a comprehensive array of high-quality prevention, early intervention, treatment, and habilitation services and supports based on the needs and choices of persons supported and families served. The department shall include persons supported and, where appropriate, family members of persons supported in planning, developing, and monitoring the service systems. (b) Values upon which the law is predicated include, but are not limited to, individual rights, promotion of self-determination, respect, optimal health and safety, person supported inclusion in the community, and person supported life and service in typical community settings. (c) The following service principles are fundamental to carrying out the department's responsibilities: (1) Stable service systems that provide flexibility, advocacy, effective communication, targeted outcomes, continuous evaluation, and improvement based on best practices and research; (2) Early identification of needs and the inclusion of both prevention and early intervention services and supports; (3) Timely response to the needs, rights, and desires of those served; (4) Treating persons supported and their families with dignity and respect; (5) Protection of persons supported from abuse, neglect, and exploitation; (6) Accurate and responsible accountability for the use of public resources; (7) Ongoing education and skills development of the workforce; and (8) Cultural competence of persons providing service. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) It is the policy of the state to plan on the basis of and to promote the use of private and public service providers, without regard for funding source, to achieve outcomes and accomplishments that create opportunities for persons supported and potential persons supported to have the greatest possible control of their lives in the least restrictive environment that is appropriate for each person. The department shall plan for and promote the availability of a comprehensive array of high-quality prevention, early intervention, treatment, and habilitation services and supports based on the needs and choices of persons supported and families served. The department shall include persons supported and, where appropriate, family members of persons supported in planning, developing, and monitoring the service systems.
(b) Values upon which the law is predicated include, but are not limited to, individual rights, promotion of self-determination, respect, optimal health and safety, person supported inclusion in the community, and person supported life and service in typical community settings.
(c) The following service principles are fundamental to carrying out the department's responsibilities: (1) Stable service systems that provide flexibility, advocacy, effective communication, targeted outcomes, continuous evaluation, and improvement based on best practices and research; (2) Early identification of needs and the inclusion of both prevention and early intervention services and supports; (3) Timely response to the needs, rights, and desires of those served; (4) Treating persons supported and their families with dignity and respect; (5) Protection of persons supported from abuse, neglect, and exploitation; (6) Accurate and responsible accountability for the use of public resources; (7) Ongoing education and skills development of the workforce; and (8) Cultural competence of persons providing service.
(1) Stable service systems that provide flexibility, advocacy, effective communication, targeted outcomes, continuous evaluation, and improvement based on best practices and research;
(2) Early identification of needs and the inclusion of both prevention and early intervention services and supports;
(3) Timely response to the needs, rights, and desires of those served;
(4) Treating persons supported and their families with dignity and respect;
(5) Protection of persons supported from abuse, neglect, and exploitation;
(6) Accurate and responsible accountability for the use of public resources;
(7) Ongoing education and skills development of the workforce; and
(8) Cultural competence of persons providing service.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-3-204 — TN Code / Title 52 / Chapter 3 / Section 52-3-204
Discharge of duty under Section 52-3-203
Status: in_force

The duty imposed by § 52-3-203 may be discharged by the qualified mental health professional or behavior analyst by: (1) Informing the clearly identified victim of the threat; (2) Having the person supported admitted on a voluntary basis to a hospital; (3) Taking steps to seek admission of the person supported to a hospital or treatment resource on an involuntary basis pursuant to chapter 5 of this title; or (4) Pursuing a course of action consistent with current professional standards that will discharge the duty. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
The duty imposed by § 52-3-203 may be discharged by the qualified mental health professional or behavior analyst by:
(1) Informing the clearly identified victim of the threat;
(2) Having the person supported admitted on a voluntary basis to a hospital;
(3) Taking steps to seek admission of the person supported to a hospital or treatment resource on an involuntary basis pursuant to chapter 5 of this title; or
(4) Pursuing a course of action consistent with current professional standards that will discharge the duty.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-3-115 — TN Code / Title 52 / Chapter 3 / Section 52-3-115
Penalty
Status: in_force

A violation of §§ 52-3-103 - 52-3-114 is a Class C misdemeanor. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
A violation of §§ 52-3-103 - 52-3-114 is a Class C misdemeanor.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-2-903 — TN Code / Title 52 / Chapter 2 / Section 52-2-903
Liability for charges
Status: in_force

If an individual is a person supported in a program operated by the department or is the parent of an unemancipated child who is a person supported by a program operated by the department, then the person is liable for the charges for the services and supports provided. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
If an individual is a person supported in a program operated by the department or is the parent of an unemancipated child who is a person supported by a program operated by the department, then the person is liable for the charges for the services and supports provided.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-3-212 — TN Code / Title 52 / Chapter 3 / Section 52-3-212
Surrogate decision maker - Eligibility
Status: in_force

An adult is eligible to serve as a surrogate decision maker for a person supported on the matter in question under §§ 52-3-211 and 52-3-213 , if the physician, psychologist, or dentist reasonably determines that the adult: (1) Knows about the person supported's intellectual or developmental disability and medical or behavioral condition as it relates to the matter in question; (2) Is actively involved in the person supported's life; (3) Is willing to make a decision for the person supported on the matter in question; (4) Appears to be reasonably capable of making the decision and likely to make it objectively in the person supported's interest; (5) Appears to have no conflict of interest with the person supported; and (6) Is, in order of descending preference for service as a surrogate: (A) The person supported's spouse; (B) The person supported's adult child; (C) The person supported's parent or stepparent; (D) The person supported's adult sibling; (E) Any other adult relative of the person supported; or (F) Any other adult. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
An adult is eligible to serve as a surrogate decision maker for a person supported on the matter in question under §§ 52-3-211 and 52-3-213 , if the physician, psychologist, or dentist reasonably determines that the adult:
(1) Knows about the person supported's intellectual or developmental disability and medical or behavioral condition as it relates to the matter in question;
(2) Is actively involved in the person supported's life;
(3) Is willing to make a decision for the person supported on the matter in question;
(4) Appears to be reasonably capable of making the decision and likely to make it objectively in the person supported's interest;
(5) Appears to have no conflict of interest with the person supported; and
(6) Is, in order of descending preference for service as a surrogate: (A) The person supported's spouse; (B) The person supported's adult child; (C) The person supported's parent or stepparent; (D) The person supported's adult sibling; (E) Any other adult relative of the person supported; or (F) Any other adult.
(A) The person supported's spouse;
(B) The person supported's adult child;
(C) The person supported's parent or stepparent;
(D) The person supported's adult sibling;
(E) Any other adult relative of the person supported; or
(F) Any other adult.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-5-106 — TN Code / Title 52 / Chapter 5 / Section 52-5-106
Application for service and support
Status: in_force

A person with an intellectual or developmental disability, a parent or legal guardian of a child with an intellectual or developmental disability, a conservator of a person with an intellectual or developmental disability, the department of children's services on behalf of a person in its legal custody who has an intellectual or developmental disability, or the department of human services on behalf of a person in its legal custody who has an intellectual or developmental disability, referred to as the applicant, may apply to the department through its designated entities for services and supports that they provide directly or by contract. The designated entity shall inform the applicant about all options for services and supports. When services and supports appropriate for the applicant are not available, the designated entity must notify the applicant in writing of the basis on which the decision was made, possible service options, the prospects for obtaining service, and the time estimated before the service may be available. The applicant must be notified periodically and in a timely manner of the status of the application. Based upon additional information, change in status may be determined by the designated entity. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
A person with an intellectual or developmental disability, a parent or legal guardian of a child with an intellectual or developmental disability, a conservator of a person with an intellectual or developmental disability, the department of children's services on behalf of a person in its legal custody who has an intellectual or developmental disability, or the department of human services on behalf of a person in its legal custody who has an intellectual or developmental disability, referred to as the applicant, may apply to the department through its designated entities for services and supports that they provide directly or by contract. The designated entity shall inform the applicant about all options for services and supports. When services and supports appropriate for the applicant are not available, the designated entity must notify the applicant in writing of the basis on which the decision was made, possible service options, the prospects for obtaining service, and the time estimated before the service may be available. The applicant must be notified periodically and in a timely manner of the status of the application. Based upon additional information, change in status may be determined by the designated entity.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-3-207 — TN Code / Title 52 / Chapter 3 / Section 52-3-207
Threats of serious bodily harm or death - Reports
Status: in_force

(a) If a person supported has communicated to a qualified mental health professional or behavior analyst an actual threat of serious bodily harm or death against a reasonably identifiable victim or victims, then the qualified mental health professional or behavior analyst, using the reasonable skill, knowledge, and care ordinarily possessed and exercised by the qualified mental health professional or behavior analyst's specialty under similar circumstances, who has determined or reasonably should have determined that the person supported has the apparent ability to commit such an act and is likely to carry out the threat unless prevented from doing so, must immediately report the person supported to local law enforcement, who must take appropriate action based upon the information reported. (b) If a mental health professional or behavior analyst is required to report pursuant to subsection (a), then the qualified mental health professional or behavior analyst must report the following information: (1) Complete name and all aliases of the person supported; (2) Name of the mental health professional or behavior analyst and the name of the private or state hospital or treatment resource from which the individual may be receiving services; (3) Date of birth of the person supported; (4) Race and sex of the person supported; and (5) Social security number of the person supported, if available. (c) The information reported as required by subsection (b), the confidentiality of which may be protected by other law or rules, must be maintained as confidential and not be subject to public inspection pursuant to such laws or rules, except for such use as may be necessary in the conduct of any proceedings pursuant to §§ 39-17-1316 , 39-17-1353 , and 39-17-1354 . Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) If a person supported has communicated to a qualified mental health professional or behavior analyst an actual threat of serious bodily harm or death against a reasonably identifiable victim or victims, then the qualified mental health professional or behavior analyst, using the reasonable skill, knowledge, and care ordinarily possessed and exercised by the qualified mental health professional or behavior analyst's specialty under similar circumstances, who has determined or reasonably should have determined that the person supported has the apparent ability to commit such an act and is likely to carry out the threat unless prevented from doing so, must immediately report the person supported to local law enforcement, who must take appropriate action based upon the information reported.
(b) If a mental health professional or behavior analyst is required to report pursuant to subsection (a), then the qualified mental health professional or behavior analyst must report the following information: (1) Complete name and all aliases of the person supported; (2) Name of the mental health professional or behavior analyst and the name of the private or state hospital or treatment resource from which the individual may be receiving services; (3) Date of birth of the person supported; (4) Race and sex of the person supported; and (5) Social security number of the person supported, if available.
(1) Complete name and all aliases of the person supported;
(2) Name of the mental health professional or behavior analyst and the name of the private or state hospital or treatment resource from which the individual may be receiving services;
(3) Date of birth of the person supported;
(4) Race and sex of the person supported; and
(5) Social security number of the person supported, if available.
(c) The information reported as required by subsection (b), the confidentiality of which may be protected by other law or rules, must be maintained as confidential and not be subject to public inspection pursuant to such laws or rules, except for such use as may be necessary in the conduct of any proceedings pursuant to §§ 39-17-1316 , 39-17-1353 , and 39-17-1354 .
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-5-301 — TN Code / Title 52 / Chapter 5 / Section 52-5-301
Part definitions - Admission review committee
Status: in_force

(a) As used in this part, unless the context otherwise requires: (1) "Emergency respite admission" means an admission for up to forty-five (45) days authorized due to an emergency situation that results in the temporary inability of the person who has the care, custody, and control of a person with an intellectual or developmental disability to provide proper care, custody, and control; (2) "Regular voluntary admission" means an admission authorized by a statewide admission review committee for a specified period of time; (3) "Respite admission" means an admission for up to forty-five (45) days authorized solely for the purpose of providing a respite for the person having responsibility for the care, custody, and control of a person with an intellectual or developmental disability; and (4) "Short-term training admission" means an admission authorized by a written agreement between the department and an applicant that the center provide services and supports for a person with an intellectual or developmental disability to learn how to perform a certain function or functions for a specified period of time, not exceeding six (6) months, at the end of which the center shall discharge the person with an intellectual or developmental disability to the care, custody, and control of the applicant. (b) Under department rules and pursuant to the direction of the statewide admission review committee, the department, subject to the availability of suitable accommodations and the absence of a less restrictive alternative, may admit for diagnosis, care, training, and treatment: (1) A person with an intellectual or developmental disability who applies for voluntary admission and does not lack capacity to apply under § 52-3-210 ; (2) A child with an intellectual or developmental disability whose parent or legal guardian applies for voluntary admission; or (3) An adult whose conservator applies for voluntary admission. (c) The department may adopt rules to implement the statewide admissions review committee and to specify its duties and membership. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) As used in this part, unless the context otherwise requires: (1) "Emergency respite admission" means an admission for up to forty-five (45) days authorized due to an emergency situation that results in the temporary inability of the person who has the care, custody, and control of a person with an intellectual or developmental disability to provide proper care, custody, and control; (2) "Regular voluntary admission" means an admission authorized by a statewide admission review committee for a specified period of time; (3) "Respite admission" means an admission for up to forty-five (45) days authorized solely for the purpose of providing a respite for the person having responsibility for the care, custody, and control of a person with an intellectual or developmental disability; and (4) "Short-term training admission" means an admission authorized by a written agreement between the department and an applicant that the center provide services and supports for a person with an intellectual or developmental disability to learn how to perform a certain function or functions for a specified period of time, not exceeding six (6) months, at the end of which the center shall discharge the person with an intellectual or developmental disability to the care, custody, and control of the applicant.
(1) "Emergency respite admission" means an admission for up to forty-five (45) days authorized due to an emergency situation that results in the temporary inability of the person who has the care, custody, and control of a person with an intellectual or developmental disability to provide proper care, custody, and control;
(2) "Regular voluntary admission" means an admission authorized by a statewide admission review committee for a specified period of time;
(3) "Respite admission" means an admission for up to forty-five (45) days authorized solely for the purpose of providing a respite for the person having responsibility for the care, custody, and control of a person with an intellectual or developmental disability; and
(4) "Short-term training admission" means an admission authorized by a written agreement between the department and an applicant that the center provide services and supports for a person with an intellectual or developmental disability to learn how to perform a certain function or functions for a specified period of time, not exceeding six (6) months, at the end of which the center shall discharge the person with an intellectual or developmental disability to the care, custody, and control of the applicant.
(b) Under department rules and pursuant to the direction of the statewide admission review committee, the department, subject to the availability of suitable accommodations and the absence of a less restrictive alternative, may admit for diagnosis, care, training, and treatment: (1) A person with an intellectual or developmental disability who applies for voluntary admission and does not lack capacity to apply under § 52-3-210 ; (2) A child with an intellectual or developmental disability whose parent or legal guardian applies for voluntary admission; or (3) An adult whose conservator applies for voluntary admission.
(1) A person with an intellectual or developmental disability who applies for voluntary admission and does not lack capacity to apply under § 52-3-210 ;
(2) A child with an intellectual or developmental disability whose parent or legal guardian applies for voluntary admission; or
(3) An adult whose conservator applies for voluntary admission.
(c) The department may adopt rules to implement the statewide admissions review committee and to specify its duties and membership.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-2-907 — TN Code / Title 52 / Chapter 2 / Section 52-2-907
Continuing claims
Status: in_force

The state has a continuing claim against a person supported by a program operated by the department and the estate of the person supported and against responsible relatives for any unpaid difference between what the department determines the person owes and what was paid for the service provided. If the person supported dies, or a responsible relative of the person supported dies, and the commissioner presents a claim for a sum unpaid and owing to the state on account of the person supported, then the claim must be paid from the estate of the deceased person. For purposes of this section, "person supported" does not include persons receiving services under the public guardianship program for the elderly authorized by § 34-7-103 . Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
The state has a continuing claim against a person supported by a program operated by the department and the estate of the person supported and against responsible relatives for any unpaid difference between what the department determines the person owes and what was paid for the service provided. If the person supported dies, or a responsible relative of the person supported dies, and the commissioner presents a claim for a sum unpaid and owing to the state on account of the person supported, then the claim must be paid from the estate of the deceased person. For purposes of this section, "person supported" does not include persons receiving services under the public guardianship program for the elderly authorized by § 34-7-103 .
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-7-102 — TN Code / Title 52 / Chapter 7 / Section 52-7-102
Departmental responsibilities
Status: in_force

The department shall promote effective advocacy for services and supports for all children with an intellectual or developmental disability. The department's responsibilities for children include, but are not limited to: (1) Promoting collaboration among caregivers and service providers and equitable involvement of caregivers in service plan development; (2) Determining eligibility; (3) Providing basic service standards; (4) Facilitating the interdepartmental planning process for children through the statewide and regional planning and policy councils; (5) Initiating meetings or other processes to develop local interagency agreements as needs and problems are identified by service providers, advocates, or families; (6) Assisting children and their families to gain access to the system of services and supports; (7) Defining and listing an array of services and supports; and (8) Assisting youth who have been in the public system of care with transition to adult services. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
The department shall promote effective advocacy for services and supports for all children with an intellectual or developmental disability. The department's responsibilities for children include, but are not limited to:
(1) Promoting collaboration among caregivers and service providers and equitable involvement of caregivers in service plan development;
(2) Determining eligibility;
(3) Providing basic service standards;
(4) Facilitating the interdepartmental planning process for children through the statewide and regional planning and policy councils;
(5) Initiating meetings or other processes to develop local interagency agreements as needs and problems are identified by service providers, advocates, or families;
(6) Assisting children and their families to gain access to the system of services and supports;
(7) Defining and listing an array of services and supports; and
(8) Assisting youth who have been in the public system of care with transition to adult services.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-3-102 — TN Code / Title 52 / Chapter 3 / Section 52-3-102
Specific rights - Basis for denial - Conservator
Status: in_force

(a) A person with an intellectual or developmental disability admitted, whether voluntarily or involuntarily, or ordered to participate in nonresidential treatment or service under this title, must not, solely by reason of the admission or order, be denied the right to dispose of property, execute instruments, make purchases, enter into contractual relationships, give informed consent to treatment, and vote, unless: (1) The person supported's decision making rights have been removed by a court of competent jurisdiction and those specific rights have not been restored; or (2) The denial is authorized by state or federal statute. (b) A person shall not make decisions for a person supported on the basis of a claim to be the person supported's conservator, legal guardian, guardian ad litem, caregiver under title 34, chapter 6, part 3, or to be acting under a durable power of attorney for health care under title 34, chapter 6, part 2, until the person has presented written evidence of the person's status. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) A person with an intellectual or developmental disability admitted, whether voluntarily or involuntarily, or ordered to participate in nonresidential treatment or service under this title, must not, solely by reason of the admission or order, be denied the right to dispose of property, execute instruments, make purchases, enter into contractual relationships, give informed consent to treatment, and vote, unless: (1) The person supported's decision making rights have been removed by a court of competent jurisdiction and those specific rights have not been restored; or (2) The denial is authorized by state or federal statute.
(1) The person supported's decision making rights have been removed by a court of competent jurisdiction and those specific rights have not been restored; or
(2) The denial is authorized by state or federal statute.
(b) A person shall not make decisions for a person supported on the basis of a claim to be the person supported's conservator, legal guardian, guardian ad litem, caregiver under title 34, chapter 6, part 3, or to be acting under a durable power of attorney for health care under title 34, chapter 6, part 2, until the person has presented written evidence of the person's status.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-2-601 — TN Code / Title 52 / Chapter 2 / Section 52-2-601
Conflict resolution - Rules, policies, procedures, guidelines
Status: in_force

The department may adopt rules, policies, procedures, or guidelines for conflict resolution to assure quick resolution, minimize disruption of service and support to persons supported, and minimize the cost of conflicts in providing services and supports. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
The department may adopt rules, policies, procedures, or guidelines for conflict resolution to assure quick resolution, minimize disruption of service and support to persons supported, and minimize the cost of conflicts in providing services and supports.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-2-910 — TN Code / Title 52 / Chapter 2 / Section 52-2-910
Discrimination
Status: in_force

There must be no discrimination in provision of services or supports based on inability to pay. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
There must be no discrimination in provision of services or supports based on inability to pay.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-3-213 — TN Code / Title 52 / Chapter 3 / Section 52-3-213
Physician, psychologist, or dentist - Reliance on surrogate's decision - Immunity
Status: in_force

If the physician, psychologist, or dentist knows of no family member, of the same or higher order of preference as the surrogate under § 52-3-212(6)(F) , who objects to the surrogate's decision, and if the proposed treatment is not solely for behavior control of a person supported, then the physician, psychologist, or dentist: (1) May act on the surrogate's decision as if the person supported had the capacity to consent and had consented personally; and (2) Who acts in accord with and in good faith reliance on the surrogate's decision, is not subject to criminal prosecution, civil liability, or professional disciplinary action based on a subsequent finding of the invalidity of the surrogate's decision. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
If the physician, psychologist, or dentist knows of no family member, of the same or higher order of preference as the surrogate under § 52-3-212(6)(F) , who objects to the surrogate's decision, and if the proposed treatment is not solely for behavior control of a person supported, then the physician, psychologist, or dentist:
(1) May act on the surrogate's decision as if the person supported had the capacity to consent and had consented personally; and
(2) Who acts in accord with and in good faith reliance on the surrogate's decision, is not subject to criminal prosecution, civil liability, or professional disciplinary action based on a subsequent finding of the invalidity of the surrogate's decision.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-8-208 — TN Code / Title 52 / Chapter 8 / Section 52-8-208
Tennessee vulnerable adult coalition - Public and private entities - Collaboration to prevent abuse, neglect, and financial exploitation
Status: in_force

There is established the Tennessee vulnerable adult coalition (TVAC) as an advisory entity. The coalition is administratively attached to the department and must be convened by the commissioner. The commissioner shall invite appropriate entities to participate on a volunteer basis. The coalition shall bring public and private entities in this state together to promote the collaboration necessary to prevent the abuse, neglect, and financial exploitation of elderly and vulnerable adults. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
There is established the Tennessee vulnerable adult coalition (TVAC) as an advisory entity. The coalition is administratively attached to the department and must be convened by the commissioner. The commissioner shall invite appropriate entities to participate on a volunteer basis. The coalition shall bring public and private entities in this state together to promote the collaboration necessary to prevent the abuse, neglect, and financial exploitation of elderly and vulnerable adults.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-3-604 — TN Code / Title 52 / Chapter 3 / Section 52-3-604
Escape or violence - Aiding or abetting - Gifts
Status: in_force

(a) A person commits a Class E felony who: (1) Counsels, causes, influences, aids, or assists a person supported with an intellectual or developmental disability to leave a facility without valid legal authority after the person supported was committed under court order; (2) Harbors or conceals a person supported with an intellectual or developmental disability who has left a facility without valid legal authority; (3) Incites a person supported with an intellectual or developmental disability, while the person supported is committed to a facility, to hurt or injure another person anywhere; or (4) Gives or sells to a person supported with an intellectual or developmental disability committed to a facility designated by the commissioner, whether on the premises of the facility or elsewhere, knowing the person to be a person with an intellectual or developmental disability, any firearms, intoxicating drinks, illegal drugs, or any other harmful articles. (b) An employee or official of a facility who receives from a person with an intellectual or developmental disability anything of value as a gift or for a consideration commits a Class C misdemeanor. (c) A person, who aids or abets in the commission of any of the foregoing offenses or aids or abets in a prohibited attempt, is guilty as if the person were a principal and must be punished as a principal. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) A person commits a Class E felony who: (1) Counsels, causes, influences, aids, or assists a person supported with an intellectual or developmental disability to leave a facility without valid legal authority after the person supported was committed under court order; (2) Harbors or conceals a person supported with an intellectual or developmental disability who has left a facility without valid legal authority; (3) Incites a person supported with an intellectual or developmental disability, while the person supported is committed to a facility, to hurt or injure another person anywhere; or (4) Gives or sells to a person supported with an intellectual or developmental disability committed to a facility designated by the commissioner, whether on the premises of the facility or elsewhere, knowing the person to be a person with an intellectual or developmental disability, any firearms, intoxicating drinks, illegal drugs, or any other harmful articles.
(1) Counsels, causes, influences, aids, or assists a person supported with an intellectual or developmental disability to leave a facility without valid legal authority after the person supported was committed under court order;
(2) Harbors or conceals a person supported with an intellectual or developmental disability who has left a facility without valid legal authority;
(3) Incites a person supported with an intellectual or developmental disability, while the person supported is committed to a facility, to hurt or injure another person anywhere; or
(4) Gives or sells to a person supported with an intellectual or developmental disability committed to a facility designated by the commissioner, whether on the premises of the facility or elsewhere, knowing the person to be a person with an intellectual or developmental disability, any firearms, intoxicating drinks, illegal drugs, or any other harmful articles.
(b) An employee or official of a facility who receives from a person with an intellectual or developmental disability anything of value as a gift or for a consideration commits a Class C misdemeanor.
(c) A person, who aids or abets in the commission of any of the foregoing offenses or aids or abets in a prohibited attempt, is guilty as if the person were a principal and must be punished as a principal.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-3-501 — TN Code / Title 52 / Chapter 3 / Section 52-3-501
Writ of habeas corpus - Right to file
Status: in_force

Any person with an intellectual or developmental disability in a public or private residential facility for persons with an intellectual or developmental disability is entitled to file for a writ of habeas corpus upon petition by the person with an intellectual or developmental disability or a friend to any court generally empowered to issue the writ of habeas corpus in the county in which the person with an intellectual or developmental disability is detained. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Any person with an intellectual or developmental disability in a public or private residential facility for persons with an intellectual or developmental disability is entitled to file for a writ of habeas corpus upon petition by the person with an intellectual or developmental disability or a friend to any court generally empowered to issue the writ of habeas corpus in the county in which the person with an intellectual or developmental disability is detained.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-2-408 — TN Code / Title 52 / Chapter 2 / Section 52-2-408
Sanctions - Proceedings
Status: in_force

(a) All proceedings by the department to impose sanctions against licensed entities under this title must be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The proceedings must include notice and opportunity for a hearing before an administrative law judge who shall issue an initial order. (b) Sanctions shall include any action by the department, based upon alleged deficient practices of the licensed entity, to impose financial or contractual penalties, including the following: (1) Financial penalties shall include fines, liquidated damages, or denial, withholding, or delay of a payment; (2) Imposition of moratoria on admissions when the limitations are unrelated to state budget considerations; or (3) Actions against the entity based upon allegations that the entity is responsible for abuse, neglect, exploitation, misappropriation, or mistreatment of an individual for whom the entity is responsible. (c) Sanctions do not include any action to recoup moneys that are determined by the department to be unearned. (d) This section does not prevent termination of any contract with the licensed entity in accordance with the provisions of that contract. In those cases, the contractor has only the due process rights, if any, otherwise provided by law regarding termination of state contracts. (e) All sanctions, except for financial sanctions, may be imposed immediately by the department. This does not prevent the provider from appealing the decision using the process as provided in the Uniform Administrative Procedures Act. (f) These requirements do not prevent the department or the provider from pursuing alternative means of resolving issues related to sanctions while using the process as provided in the Uniform Administrative Procedures Act is pending. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) All proceedings by the department to impose sanctions against licensed entities under this title must be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The proceedings must include notice and opportunity for a hearing before an administrative law judge who shall issue an initial order.
(b) Sanctions shall include any action by the department, based upon alleged deficient practices of the licensed entity, to impose financial or contractual penalties, including the following: (1) Financial penalties shall include fines, liquidated damages, or denial, withholding, or delay of a payment; (2) Imposition of moratoria on admissions when the limitations are unrelated to state budget considerations; or (3) Actions against the entity based upon allegations that the entity is responsible for abuse, neglect, exploitation, misappropriation, or mistreatment of an individual for whom the entity is responsible.
(1) Financial penalties shall include fines, liquidated damages, or denial, withholding, or delay of a payment;
(2) Imposition of moratoria on admissions when the limitations are unrelated to state budget considerations; or
(3) Actions against the entity based upon allegations that the entity is responsible for abuse, neglect, exploitation, misappropriation, or mistreatment of an individual for whom the entity is responsible.
(c) Sanctions do not include any action to recoup moneys that are determined by the department to be unearned.
(d) This section does not prevent termination of any contract with the licensed entity in accordance with the provisions of that contract. In those cases, the contractor has only the due process rights, if any, otherwise provided by law regarding termination of state contracts.
(e) All sanctions, except for financial sanctions, may be imposed immediately by the department. This does not prevent the provider from appealing the decision using the process as provided in the Uniform Administrative Procedures Act.
(f) These requirements do not prevent the department or the provider from pursuing alternative means of resolving issues related to sanctions while using the process as provided in the Uniform Administrative Procedures Act is pending.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-3-504 — TN Code / Title 52 / Chapter 3 / Section 52-3-504
Court order transmission
Status: in_force

If the court ordering the discharge is not the court that ordered the commitment, then the court must transmit a certified copy of the order to the court that ordered the commitment. Upon receipt of the copy, the court that ordered the commitment shall enter an order finding that the person has been discharged by order of the court that issued the writ of habeas corpus. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
If the court ordering the discharge is not the court that ordered the commitment, then the court must transmit a certified copy of the order to the court that ordered the commitment. Upon receipt of the copy, the court that ordered the commitment shall enter an order finding that the person has been discharged by order of the court that issued the writ of habeas corpus.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-3-403 — TN Code / Title 52 / Chapter 3 / Section 52-3-403
Costs - Reimbursement - Indigent persons
Status: in_force

(a) The reasonable costs incurred in judicial proceedings under this title must be paid by the subject of the proceedings or the subject's estate or by the subject's responsible relatives and must be a charge upon the estate of those liable. (b) The reasonable costs incurred in judicial proceedings filed by the department to have a guardian or conservator appointed under title 34, must be paid by the subject of the proceedings in conformity with that law. (c) (1) If a subject of proceedings under this title is indigent and does not have responsible relatives able to pay the costs or if a subject of guardianship or conservatorship proceedings filed by the department is indigent under the guardianship or conservatorship law under title 34, then the state must pay the costs. (2) For the purpose of subdivision (c)(1), the Tennessee supreme court shall prescribe by rule the nature of costs for which reimbursement may be allowed, and limitations on and conditions for reimbursement of costs as it deems appropriate in the public interest, subject to this section. The rules must also specify the form and content of applications for reimbursement of costs to be filed under this section. The administrative director of the courts shall administer this subsection (c) and rules adopted under this subsection (c), and shall audit and review all applications for reimbursement of costs. Upon finding payment to be in order, the administrative director of the courts shall process the payment from money appropriated for that purpose. (d) In any case where the subject of the proceedings is judicially determined not to be involuntarily committed or transferred, the costs may be taxed against the person who seeks commitment or transfer of the subject of the proceedings. (e) The court may require any petitioner to file an undertaking with surety to be approved by the court in an amount the court considers proper to assure the payment of costs and expenses and to save harmless the respondent by reason of costs incurred, including attorney's fees, if any, and damages suffered by the respondent as a result of the action. (f) Witnesses subpoenaed to appear in proceedings held under this title must be paid fees and mileage as provided by law for witnesses generally. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) The reasonable costs incurred in judicial proceedings under this title must be paid by the subject of the proceedings or the subject's estate or by the subject's responsible relatives and must be a charge upon the estate of those liable.
(b) The reasonable costs incurred in judicial proceedings filed by the department to have a guardian or conservator appointed under title 34, must be paid by the subject of the proceedings in conformity with that law.
(c) (1) If a subject of proceedings under this title is indigent and does not have responsible relatives able to pay the costs or if a subject of guardianship or conservatorship proceedings filed by the department is indigent under the guardianship or conservatorship law under title 34, then the state must pay the costs. (2) For the purpose of subdivision (c)(1), the Tennessee supreme court shall prescribe by rule the nature of costs for which reimbursement may be allowed, and limitations on and conditions for reimbursement of costs as it deems appropriate in the public interest, subject to this section. The rules must also specify the form and content of applications for reimbursement of costs to be filed under this section. The administrative director of the courts shall administer this subsection (c) and rules adopted under this subsection (c), and shall audit and review all applications for reimbursement of costs. Upon finding payment to be in order, the administrative director of the courts shall process the payment from money appropriated for that purpose.
(1) If a subject of proceedings under this title is indigent and does not have responsible relatives able to pay the costs or if a subject of guardianship or conservatorship proceedings filed by the department is indigent under the guardianship or conservatorship law under title 34, then the state must pay the costs.
(2) For the purpose of subdivision (c)(1), the Tennessee supreme court shall prescribe by rule the nature of costs for which reimbursement may be allowed, and limitations on and conditions for reimbursement of costs as it deems appropriate in the public interest, subject to this section. The rules must also specify the form and content of applications for reimbursement of costs to be filed under this section. The administrative director of the courts shall administer this subsection (c) and rules adopted under this subsection (c), and shall audit and review all applications for reimbursement of costs. Upon finding payment to be in order, the administrative director of the courts shall process the payment from money appropriated for that purpose.
(d) In any case where the subject of the proceedings is judicially determined not to be involuntarily committed or transferred, the costs may be taxed against the person who seeks commitment or transfer of the subject of the proceedings.
(e) The court may require any petitioner to file an undertaking with surety to be approved by the court in an amount the court considers proper to assure the payment of costs and expenses and to save harmless the respondent by reason of costs incurred, including attorney's fees, if any, and damages suffered by the respondent as a result of the action.
(f) Witnesses subpoenaed to appear in proceedings held under this title must be paid fees and mileage as provided by law for witnesses generally.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-3-203 — TN Code / Title 52 / Chapter 3 / Section 52-3-203
Predict, warn of, or take precautions to provide protection
Status: in_force

A qualified mental health professional or behavior analyst shall take reasonable care to predict, warn of, or take precautions to protect an identified victim from a person supported's violent behavior only if: (1) The person supported has communicated to the professional or analyst an actual threat of bodily harm against a clearly identified victim; and (2) The qualified mental health professional or behavior analyst, using the reasonable skill, knowledge, and care ordinarily possessed and exercised by the professional or analyst's specialty under similar circumstances, has determined or reasonably should have determined that the person supported has the apparent ability to commit such an act and is likely to carry out the threat unless prevented from doing so. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
A qualified mental health professional or behavior analyst shall take reasonable care to predict, warn of, or take precautions to protect an identified victim from a person supported's violent behavior only if:
(1) The person supported has communicated to the professional or analyst an actual threat of bodily harm against a clearly identified victim; and
(2) The qualified mental health professional or behavior analyst, using the reasonable skill, knowledge, and care ordinarily possessed and exercised by the professional or analyst's specialty under similar circumstances, has determined or reasonably should have determined that the person supported has the apparent ability to commit such an act and is likely to carry out the threat unless prevented from doing so.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-3-110 — TN Code / Title 52 / Chapter 3 / Section 52-3-110
Acts of bodily harm and sexual offenses - Disclosure to a law enforcement agency
Status: in_force

(a) Section 52-3-103 does not prohibit disclosure to a law enforcement agency that has jurisdiction over felonious acts of bodily harm or sexual offenses that appear to have been committed on the premises of a facility whose records are made confidential by § 52-3-103 . (b) If the felonious act involves a sexual offense governed by title 37, chapter 1, part 6, or title 71, chapter 6, part 1, in a locality having a sex abuse crime unit, disclosure for law enforcement investigative purposes must be made only to that unit of the law enforcement agency. This section does not limit the requirements of disclosure of reports of harm and access to records required by title 37, chapter 1, parts 4 and 6, or title 71, chapter 6, part 1, for investigations by the department of children's services or the department of human services. (c) Permissible disclosure of a felonious act for the purpose of conducting a necessary investigation includes: (1) The name of, and providing access to, witnesses or potential witnesses of the offense; (2) The name of, and providing access to, suspects or potential suspects of the offense; and (3) The scene of, and providing access to, where the offense occurred. (d) Section 52-3-103 does not prohibit disclosures to law enforcement when the disclosure is made in compliance with the requirements in 45 CFR 164.512(f) . Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) Section 52-3-103 does not prohibit disclosure to a law enforcement agency that has jurisdiction over felonious acts of bodily harm or sexual offenses that appear to have been committed on the premises of a facility whose records are made confidential by § 52-3-103 .
(b) If the felonious act involves a sexual offense governed by title 37, chapter 1, part 6, or title 71, chapter 6, part 1, in a locality having a sex abuse crime unit, disclosure for law enforcement investigative purposes must be made only to that unit of the law enforcement agency. This section does not limit the requirements of disclosure of reports of harm and access to records required by title 37, chapter 1, parts 4 and 6, or title 71, chapter 6, part 1, for investigations by the department of children's services or the department of human services.
(c) Permissible disclosure of a felonious act for the purpose of conducting a necessary investigation includes: (1) The name of, and providing access to, witnesses or potential witnesses of the offense; (2) The name of, and providing access to, suspects or potential suspects of the offense; and (3) The scene of, and providing access to, where the offense occurred.
(1) The name of, and providing access to, witnesses or potential witnesses of the offense;
(2) The name of, and providing access to, suspects or potential suspects of the offense; and
(3) The scene of, and providing access to, where the offense occurred.
(d) Section 52-3-103 does not prohibit disclosures to law enforcement when the disclosure is made in compliance with the requirements in 45 CFR 164.512(f) .
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-5-405 — TN Code / Title 52 / Chapter 5 / Section 52-5-405
Certificates of need - Factual foundation
Status: in_force

A defendant must not be judicially committed under § 52-5-404 unless licensed physicians or licensed psychologists, designated as a health service provider by the commissioner, file in the commitment proceeding two (2) certificates of need for training and treatment, certifying that the defendant satisfies the requirements in § 52-5-404(1)-(4) and showing the factual foundation for the conclusions on each item. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
A defendant must not be judicially committed under § 52-5-404 unless licensed physicians or licensed psychologists, designated as a health service provider by the commissioner, file in the commitment proceeding two (2) certificates of need for training and treatment, certifying that the defendant satisfies the requirements in § 52-5-404(1)-(4) and showing the factual foundation for the conclusions on each item.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-7-101 — TN Code / Title 52 / Chapter 7 / Section 52-7-101
Application of title - Fundamental principles
Status: in_force

(a) Services for children who have an intellectual or developmental disability are governed by this title. The general assembly finds that supporting families in their role as primary caregivers for their children is more humane, efficient, and cost effective than placing children in state custody to obtain necessary services or otherwise placing children in settings outside their homes. (b) For children covered by this title, the following service principles are fundamental to carrying out the responsibilities of service providers and advocates: (1) Families and children are most responsible for determining their needs and should be included appropriately in planning and providing service and support; (2) Families should receive the support they need to care for their children at home; (3) Service providers and advocates should enable families and children to make good decisions concerning necessary, desirable, and appropriate services; (4) Service providers should coordinate services among agencies likely to provide services and supports to children and families; (5) Service providers and advocates should participate in development of interagency agreements under § 52-1-106 to assure consideration of the needs and problems of children and families; and (6) Service providers should achieve smooth transitions in services and supports as children grow through various stages of development and become vested in making decisions for themselves, including the transition into adulthood. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) Services for children who have an intellectual or developmental disability are governed by this title. The general assembly finds that supporting families in their role as primary caregivers for their children is more humane, efficient, and cost effective than placing children in state custody to obtain necessary services or otherwise placing children in settings outside their homes.
(b) For children covered by this title, the following service principles are fundamental to carrying out the responsibilities of service providers and advocates: (1) Families and children are most responsible for determining their needs and should be included appropriately in planning and providing service and support; (2) Families should receive the support they need to care for their children at home; (3) Service providers and advocates should enable families and children to make good decisions concerning necessary, desirable, and appropriate services; (4) Service providers should coordinate services among agencies likely to provide services and supports to children and families; (5) Service providers and advocates should participate in development of interagency agreements under § 52-1-106 to assure consideration of the needs and problems of children and families; and (6) Service providers should achieve smooth transitions in services and supports as children grow through various stages of development and become vested in making decisions for themselves, including the transition into adulthood.
(1) Families and children are most responsible for determining their needs and should be included appropriately in planning and providing service and support;
(2) Families should receive the support they need to care for their children at home;
(3) Service providers and advocates should enable families and children to make good decisions concerning necessary, desirable, and appropriate services;
(4) Service providers should coordinate services among agencies likely to provide services and supports to children and families;
(5) Service providers and advocates should participate in development of interagency agreements under § 52-1-106 to assure consideration of the needs and problems of children and families; and
(6) Service providers should achieve smooth transitions in services and supports as children grow through various stages of development and become vested in making decisions for themselves, including the transition into adulthood.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-3-503 — TN Code / Title 52 / Chapter 3 / Section 52-3-503
Court order
Status: in_force

(a) If, upon consideration of a petition filed pursuant to § 52-3-501 , the court determines that the person was not committed under the governing provisions of this title or was not afforded due process of law, but that, nevertheless, the person has an intellectual disability and because of the condition poses a likelihood of serious harm under § 52-5-402 , then the court may order the person returned to the facility where the person was located on the date of filing the petition for not more than fifteen (15) days, exclusive of Saturdays, Sundays, or holidays, only if: (1) A petition under §§ 52-5-403 and 52-5-404 is filed immediately and is disposed of within fifteen (15) days of the court's order returning the person to the facility, exclusive of Saturdays, Sundays, or holidays; and (2) The case is continued on the request of the petitioner. (b) If the conditions in subsection (a) are not met, then the person must be released. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) If, upon consideration of a petition filed pursuant to § 52-3-501 , the court determines that the person was not committed under the governing provisions of this title or was not afforded due process of law, but that, nevertheless, the person has an intellectual disability and because of the condition poses a likelihood of serious harm under § 52-5-402 , then the court may order the person returned to the facility where the person was located on the date of filing the petition for not more than fifteen (15) days, exclusive of Saturdays, Sundays, or holidays, only if: (1) A petition under §§ 52-5-403 and 52-5-404 is filed immediately and is disposed of within fifteen (15) days of the court's order returning the person to the facility, exclusive of Saturdays, Sundays, or holidays; and (2) The case is continued on the request of the petitioner.
(1) A petition under §§ 52-5-403 and 52-5-404 is filed immediately and is disposed of within fifteen (15) days of the court's order returning the person to the facility, exclusive of Saturdays, Sundays, or holidays; and
(2) The case is continued on the request of the petitioner.
(b) If the conditions in subsection (a) are not met, then the person must be released.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-5-202 — TN Code / Title 52 / Chapter 5 / Section 52-5-202
Policy - Principles for program development
Status: in_force

(a) The policy of the state is that persons with severe or developmental disabilities and their families be afforded supports that emphasize community living and enable them to enjoy typical lifestyles. (b) Programs to support families must be based on the following principles: (1) Families and individuals with severe or developmental disabilities are best able to determine their own needs and should be empowered to make decisions concerning necessary, desirable, and appropriate services and supports; (2) Families should receive the support necessary to care for their relatives at home; (3) Family support is needed throughout the life span of the person who has a severe or developmental disability; (4) Family support services should be sensitive to the unique needs, strengths, and values of the person and the family, and should be responsive to the needs of the entire family; (5) Family support should build on existing social networks and natural sources of support in communities; (6) Family support services should be provided in a manner that develops comprehensive, responsive, and flexible support to families as their needs evolve over time; (7) Family support services should be provided equitably across the state and be coordinated across the numerous agencies likely to provide resources and services and support to families; and (8) Family, individual, and community-based services and supports should be based on sharing ordinary places, developing meaningful relationships, learning things that are useful, and making choices, as well as increasing the status and enhancing the reputation of persons served. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) The policy of the state is that persons with severe or developmental disabilities and their families be afforded supports that emphasize community living and enable them to enjoy typical lifestyles.
(b) Programs to support families must be based on the following principles: (1) Families and individuals with severe or developmental disabilities are best able to determine their own needs and should be empowered to make decisions concerning necessary, desirable, and appropriate services and supports; (2) Families should receive the support necessary to care for their relatives at home; (3) Family support is needed throughout the life span of the person who has a severe or developmental disability; (4) Family support services should be sensitive to the unique needs, strengths, and values of the person and the family, and should be responsive to the needs of the entire family; (5) Family support should build on existing social networks and natural sources of support in communities; (6) Family support services should be provided in a manner that develops comprehensive, responsive, and flexible support to families as their needs evolve over time; (7) Family support services should be provided equitably across the state and be coordinated across the numerous agencies likely to provide resources and services and support to families; and (8) Family, individual, and community-based services and supports should be based on sharing ordinary places, developing meaningful relationships, learning things that are useful, and making choices, as well as increasing the status and enhancing the reputation of persons served.
(1) Families and individuals with severe or developmental disabilities are best able to determine their own needs and should be empowered to make decisions concerning necessary, desirable, and appropriate services and supports;
(2) Families should receive the support necessary to care for their relatives at home;
(3) Family support is needed throughout the life span of the person who has a severe or developmental disability;
(4) Family support services should be sensitive to the unique needs, strengths, and values of the person and the family, and should be responsive to the needs of the entire family;
(5) Family support should build on existing social networks and natural sources of support in communities;
(6) Family support services should be provided in a manner that develops comprehensive, responsive, and flexible support to families as their needs evolve over time;
(7) Family support services should be provided equitably across the state and be coordinated across the numerous agencies likely to provide resources and services and support to families; and
(8) Family, individual, and community-based services and supports should be based on sharing ordinary places, developing meaningful relationships, learning things that are useful, and making choices, as well as increasing the status and enhancing the reputation of persons served.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-1-107 — TN Code / Title 52 / Chapter 1 / Section 52-1-107
Adoption of rules
Status: in_force

(a) In accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, the commissioner shall promulgate, amend, revise, and rescind rules as are necessary and appropriate to carry out this title. (b) Notwithstanding § 71-5-1419(c) , the commissioner shall promulgate rules to equitably allocate resources between urban and rural areas to program components that provide services to adults with disabilities and older persons in need of assistance who do not qualify for long-term care services under the Medical Assistance Act of 1968, compiled in title 71, chapter 5, part 1. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) In accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, the commissioner shall promulgate, amend, revise, and rescind rules as are necessary and appropriate to carry out this title.
(b) Notwithstanding § 71-5-1419(c) , the commissioner shall promulgate rules to equitably allocate resources between urban and rural areas to program components that provide services to adults with disabilities and older persons in need of assistance who do not qualify for long-term care services under the Medical Assistance Act of 1968, compiled in title 71, chapter 5, part 1.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-2-303 — TN Code / Title 52 / Chapter 2 / Section 52-2-303
Contracts for higher performance
Status: in_force

The department may contract for higher performance standards than the basic quality standards or licensure standards. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
The department may contract for higher performance standards than the basic quality standards or licensure standards.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-3-105 — TN Code / Title 52 / Chapter 3 / Section 52-3-105
Confidential information - Disclosure without consent
Status: in_force

Information that is confidential under § 52-3-103 may be disclosed without consent of the person supported if: (1) Disclosure is necessary to carry out duties under this title; (2) Disclosure is for the purposes of treatment, payment for treatment, or health care operations as those terms are defined in 45 CFR 164.501 ; (3) Disclosure may be necessary to assure service or care to the person supported by the least drastic means that are suitable to the person supported's liberty and interests; (4) The disclosure is for a judicial or administrative proceeding and the confidential information is disclosed in compliance with the requirements in 45 CFR 164.512(e) ; (5) It is solely information as to a residential person supported's overall medical condition without clinical details and is sought by the person supported's family members, relatives, conservator, legal guardian, legal custodian, guardian ad litem, foster parents, or friends. A disclosure made under this section must only be made if it is not contrary to any other law, rule, or court order; (6) A person supported moves from one (1) service provider to another and exchange of information is necessary for continuity of service; (7) A custodial agent for another state agency that has legal custody of the person supported cannot perform the agent's duties properly without the information; (8) Necessary for the preparation of a post-mortem examination report in accordance with § 38-7-110(e) and authorized to be obtained pursuant to § 38-7-117(b) ; or (9) The disclosure is one permitted under 45 CFR 164.512 and the disclosure complies with the requirements in 45 CFR 164.512 . Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Information that is confidential under § 52-3-103 may be disclosed without consent of the person supported if:
(1) Disclosure is necessary to carry out duties under this title;
(2) Disclosure is for the purposes of treatment, payment for treatment, or health care operations as those terms are defined in 45 CFR 164.501 ;
(3) Disclosure may be necessary to assure service or care to the person supported by the least drastic means that are suitable to the person supported's liberty and interests;
(4) The disclosure is for a judicial or administrative proceeding and the confidential information is disclosed in compliance with the requirements in 45 CFR 164.512(e) ;
(5) It is solely information as to a residential person supported's overall medical condition without clinical details and is sought by the person supported's family members, relatives, conservator, legal guardian, legal custodian, guardian ad litem, foster parents, or friends. A disclosure made under this section must only be made if it is not contrary to any other law, rule, or court order;
(6) A person supported moves from one (1) service provider to another and exchange of information is necessary for continuity of service;
(7) A custodial agent for another state agency that has legal custody of the person supported cannot perform the agent's duties properly without the information;
(8) Necessary for the preparation of a post-mortem examination report in accordance with § 38-7-110(e) and authorized to be obtained pursuant to § 38-7-117(b) ; or
(9) The disclosure is one permitted under 45 CFR 164.512 and the disclosure complies with the requirements in 45 CFR 164.512 .
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-5-104 — TN Code / Title 52 / Chapter 5 / Section 52-5-104
Developmental disability after twenty-two (22)
Status: in_force

Within the limits of available services, the department may serve persons who have conditions that would constitute a developmental disability, except when the disability occurred after twenty-two (22) years of age. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Within the limits of available services, the department may serve persons who have conditions that would constitute a developmental disability, except when the disability occurred after twenty-two (22) years of age.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-2-202 — TN Code / Title 52 / Chapter 2 / Section 52-2-202
Councils - Membership
Status: in_force

The councils are to provide citizen participation in policy planning and shall be representative of persons supported and their families; advocates for supported children, adults, and the elderly; service providers; agencies; and other affected persons and organizations. At least a majority of each council's membership shall consist of current or former persons supported and members of their families. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
The councils are to provide citizen participation in policy planning and shall be representative of persons supported and their families; advocates for supported children, adults, and the elderly; service providers; agencies; and other affected persons and organizations. At least a majority of each council's membership shall consist of current or former persons supported and members of their families.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-3-101 — TN Code / Title 52 / Chapter 3 / Section 52-3-101
Rights - Limitations
Status: in_force

(a) A person must not be deprived of liberty on the grounds that the person has or is believed to have an intellectual or developmental disability or is in need of service for such a condition, except in accordance with this title. (b) A person supported has the same rights as all other persons, except to the extent that the person's rights are curtailed in accordance with this title or other state or federal law. (c) A person supported must be provided services or supports, to the extent that facilities, equipment, and personnel are available, in accordance with community standards. (d) The department shall keep records detailing services or supports received by each person with an intellectual or developmental disability. Records must be preserved by the department for not less than ten (10) years after termination of service. The records may be generated, maintained, or transferred in whole or in part to any recording medium that assures accurate preservation of the record. If a record is transferred from one (1) medium to another, then the source record may be destroyed upon determination by the department that the reproduced record is true and correct and will be accurately preserved. The reproduced record is deemed to be the original record. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) A person must not be deprived of liberty on the grounds that the person has or is believed to have an intellectual or developmental disability or is in need of service for such a condition, except in accordance with this title.
(b) A person supported has the same rights as all other persons, except to the extent that the person's rights are curtailed in accordance with this title or other state or federal law.
(c) A person supported must be provided services or supports, to the extent that facilities, equipment, and personnel are available, in accordance with community standards.
(d) The department shall keep records detailing services or supports received by each person with an intellectual or developmental disability. Records must be preserved by the department for not less than ten (10) years after termination of service. The records may be generated, maintained, or transferred in whole or in part to any recording medium that assures accurate preservation of the record. If a record is transferred from one (1) medium to another, then the source record may be destroyed upon determination by the department that the reproduced record is true and correct and will be accurately preserved. The reproduced record is deemed to be the original record.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-2-906 — TN Code / Title 52 / Chapter 2 / Section 52-2-906
Services under court order - Demand for money
Status: in_force

If a person supported obtains services and supports under a court order from a program operated by the department, then the department may demand any of the person supported's money that is in the custody of the court and credit it to the person supported's account. For purposes of this section, "person supported" does not include persons receiving services under the public guardianship program for the elderly authorized by § 34-7-103 . Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
If a person supported obtains services and supports under a court order from a program operated by the department, then the department may demand any of the person supported's money that is in the custody of the court and credit it to the person supported's account. For purposes of this section, "person supported" does not include persons receiving services under the public guardianship program for the elderly authorized by § 34-7-103 .
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-2-413 — TN Code / Title 52 / Chapter 2 / Section 52-2-413
Inspections
Status: in_force

(a) The department shall make at least one (1) unannounced visit to review quality standards and to perform a life safety and environmental inspection, as applicable, of each licensed service or facility yearly. The department may deem a service or facility in compliance without inspection if the service or facility meets another government agency's certification or accreditation requirements provided for in rules of the department. (b) With or without giving notice, the department may enter the premises and inspect any applicant, licensee, or facility that is providing intellectual or developmental disability services or personal support services without a license when a complaint is filed with the department against the applicant or licensee or when the department otherwise deems inspection in the interest of persons supported. Inspection may include review of the physical plant, program, activities, and applicant or licensee records. (c) The department may charge a fee for any service or facility inspection in an amount not to exceed fifty dollars ($50.00). (d) If the department finds noncompliance with life safety or food service standards relating to non-life-threatening issues, the department must refer the findings to the state or local agency responsible for life safety or food service inspection for reinspection or review in accordance with life safety or food service standards. The department shall accept the state or local agency's determination. (e) The department shall, to the extent practicable, coordinate life safety inspections to avoid duplication without good cause in the same calendar year by other government agencies that apply substantially the same standards. (f) The department shall include in its annual inspection of each facility licensed under this title a determination of the facility's compliance with the reporting requirements in § 52-3-116 . The facility must document its compliance with a record of its communication with local law enforcement with respect to the commitments. A facility's failure to comply with the reporting requirements subjects the facility to civil penalties or other action against the facility's license under § 52-2-407 . Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) The department shall make at least one (1) unannounced visit to review quality standards and to perform a life safety and environmental inspection, as applicable, of each licensed service or facility yearly. The department may deem a service or facility in compliance without inspection if the service or facility meets another government agency's certification or accreditation requirements provided for in rules of the department.
(b) With or without giving notice, the department may enter the premises and inspect any applicant, licensee, or facility that is providing intellectual or developmental disability services or personal support services without a license when a complaint is filed with the department against the applicant or licensee or when the department otherwise deems inspection in the interest of persons supported. Inspection may include review of the physical plant, program, activities, and applicant or licensee records.
(c) The department may charge a fee for any service or facility inspection in an amount not to exceed fifty dollars ($50.00).
(d) If the department finds noncompliance with life safety or food service standards relating to non-life-threatening issues, the department must refer the findings to the state or local agency responsible for life safety or food service inspection for reinspection or review in accordance with life safety or food service standards. The department shall accept the state or local agency's determination.
(e) The department shall, to the extent practicable, coordinate life safety inspections to avoid duplication without good cause in the same calendar year by other government agencies that apply substantially the same standards.
(f) The department shall include in its annual inspection of each facility licensed under this title a determination of the facility's compliance with the reporting requirements in § 52-3-116 . The facility must document its compliance with a record of its communication with local law enforcement with respect to the commitments. A facility's failure to comply with the reporting requirements subjects the facility to civil penalties or other action against the facility's license under § 52-2-407 .
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-2-702 — TN Code / Title 52 / Chapter 2 / Section 52-2-702
Private grounds - Trespassing - Penalty
Status: in_force

The enclosed premises and the adjoining land belonging to or used by and for any of the state facilities, are private grounds. If a person goes on the premises without authority or permission, the person commits a Class C misdemeanor. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
The enclosed premises and the adjoining land belonging to or used by and for any of the state facilities, are private grounds. If a person goes on the premises without authority or permission, the person commits a Class C misdemeanor.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-5-103 — TN Code / Title 52 / Chapter 5 / Section 52-5-103
Ineligibility for service or support
Status: in_force

If a person has a developmental disability solely on the basis of having a mental illness or serious emotional disturbance, as those terms are defined in title 33, then the person is not eligible to have services or supports provided for the developmental disability primarily under this chapter. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
If a person has a developmental disability solely on the basis of having a mental illness or serious emotional disturbance, as those terms are defined in title 33, then the person is not eligible to have services or supports provided for the developmental disability primarily under this chapter.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-2-201 — TN Code / Title 52 / Chapter 2 / Section 52-2-201
Developmental disabilities planning and policy council and regional citizen-based planning and policy councils - Establishment - Duties
Status: in_force

(a) The department shall establish a state developmental disabilities planning and policy council and a regional citizen-based planning and policy council, each composed of persons supported, family members of persons supported, advocates for persons supported, and other affected persons and organizations for each of the three (3) grand divisions of the state, as defined in title 4, chapter 1, part 2. For purposes of the state developmental disabilities planning and policy council, "persons supported" means an individual with a developmental disability. For purposes of the regional citizen-based planning and policy councils, "persons supported" means an individual with an intellectual or developmental disability. (b) The councils described in subsection (a) shall: (1) Advise the statewide planning and policy council on the desirable array of prevention, early intervention, treatment, and habilitation services and supports for persons supported and their families, and such other matters as the commissioner or the statewide planning and policy council may request; and (2) Provide information and advice to the department on policy, formulation of budget requests, and development and evaluation of services and supports. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) The department shall establish a state developmental disabilities planning and policy council and a regional citizen-based planning and policy council, each composed of persons supported, family members of persons supported, advocates for persons supported, and other affected persons and organizations for each of the three (3) grand divisions of the state, as defined in title 4, chapter 1, part 2. For purposes of the state developmental disabilities planning and policy council, "persons supported" means an individual with a developmental disability. For purposes of the regional citizen-based planning and policy councils, "persons supported" means an individual with an intellectual or developmental disability.
(b) The councils described in subsection (a) shall: (1) Advise the statewide planning and policy council on the desirable array of prevention, early intervention, treatment, and habilitation services and supports for persons supported and their families, and such other matters as the commissioner or the statewide planning and policy council may request; and (2) Provide information and advice to the department on policy, formulation of budget requests, and development and evaluation of services and supports.
(1) Advise the statewide planning and policy council on the desirable array of prevention, early intervention, treatment, and habilitation services and supports for persons supported and their families, and such other matters as the commissioner or the statewide planning and policy council may request; and
(2) Provide information and advice to the department on policy, formulation of budget requests, and development and evaluation of services and supports.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-3-601 — TN Code / Title 52 / Chapter 3 / Section 52-3-601
Wrongful commitment - Penalty - Liability
Status: in_force

(a) A person commits a Class E felony who: (1) Without probable cause to believe a person has an intellectual or developmental disability, causes or conspires with or assists a third person to cause the hospitalization or commitment of the person under this title; or (2) Causes or conspires with or assists another to cause the denial to a person of any right accorded to a person under this title. (b) A person commits a Class E felony who: (1) Without probable cause to believe a person has a developmental or intellectual disability, executes a petition, complaint, or certificate of need under this title, or otherwise secures or attempts to secure the apprehension, detention, hospitalization, restraint, or commitment of the person; or (2) Knowingly makes any false certificate of need or complaint under this title. (c) The commissioner or commissioner's designee acting pursuant to this title is entitled to rely in good faith upon the representations made for commitment by any person authorized to provide certificates under this title or any court. (d) All persons acting in good faith, reasonably and without negligence in connection with the preparation of petitions, complaints, certificates of need, or other documents or the apprehension, detention, discharge, examination, transportation, or treatment of a person under this title are free from all liability, civil or criminal, by reason of the acts. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) A person commits a Class E felony who: (1) Without probable cause to believe a person has an intellectual or developmental disability, causes or conspires with or assists a third person to cause the hospitalization or commitment of the person under this title; or (2) Causes or conspires with or assists another to cause the denial to a person of any right accorded to a person under this title.
(1) Without probable cause to believe a person has an intellectual or developmental disability, causes or conspires with or assists a third person to cause the hospitalization or commitment of the person under this title; or
(2) Causes or conspires with or assists another to cause the denial to a person of any right accorded to a person under this title.
(b) A person commits a Class E felony who: (1) Without probable cause to believe a person has a developmental or intellectual disability, executes a petition, complaint, or certificate of need under this title, or otherwise secures or attempts to secure the apprehension, detention, hospitalization, restraint, or commitment of the person; or (2) Knowingly makes any false certificate of need or complaint under this title.
(1) Without probable cause to believe a person has a developmental or intellectual disability, executes a petition, complaint, or certificate of need under this title, or otherwise secures or attempts to secure the apprehension, detention, hospitalization, restraint, or commitment of the person; or
(2) Knowingly makes any false certificate of need or complaint under this title.
(c) The commissioner or commissioner's designee acting pursuant to this title is entitled to rely in good faith upon the representations made for commitment by any person authorized to provide certificates under this title or any court.
(d) All persons acting in good faith, reasonably and without negligence in connection with the preparation of petitions, complaints, certificates of need, or other documents or the apprehension, detention, discharge, examination, transportation, or treatment of a person under this title are free from all liability, civil or criminal, by reason of the acts.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-5-502 — TN Code / Title 52 / Chapter 5 / Section 52-5-502
Felony defendant acquitted by reason of insanity
Status: in_force

The court with criminal jurisdiction may order a person to participate in community-based services under a plan approved and developed by the department to avoid deterioration to the point where the person would be committable only if: (1) The court finds on proof by clear and convincing evidence that a person with an intellectual disability: (A) Is charged with a felony; (B) Is acquitted of the charge on a verdict of not guilty by reason of insanity because of an intellectual disability at the time of the commission of the crime; (C) Is not committable under § 52-5-404 ; (D) Requires training or treatment because of the intellectual disability; and (E) Is likely to meet the standards of § 52-5-404 without the training or treatment; and (2) The department certifies to the court that there are funds available within the limits of the department's line-item appropriation for services under this section for service to the person. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
The court with criminal jurisdiction may order a person to participate in community-based services under a plan approved and developed by the department to avoid deterioration to the point where the person would be committable only if:
(1) The court finds on proof by clear and convincing evidence that a person with an intellectual disability: (A) Is charged with a felony; (B) Is acquitted of the charge on a verdict of not guilty by reason of insanity because of an intellectual disability at the time of the commission of the crime; (C) Is not committable under § 52-5-404 ; (D) Requires training or treatment because of the intellectual disability; and (E) Is likely to meet the standards of § 52-5-404 without the training or treatment; and
(A) Is charged with a felony;
(B) Is acquitted of the charge on a verdict of not guilty by reason of insanity because of an intellectual disability at the time of the commission of the crime;
(C) Is not committable under § 52-5-404 ;
(D) Requires training or treatment because of the intellectual disability; and
(E) Is likely to meet the standards of § 52-5-404 without the training or treatment; and
(2) The department certifies to the court that there are funds available within the limits of the department's line-item appropriation for services under this section for service to the person.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-2-104 — TN Code / Title 52 / Chapter 2 / Section 52-2-104
Service system - Core values
Status: in_force

The core values of the service system are: (1) The system of care is person-centered and family-focused, with the needs and choices of the individual and family, as appropriate, determining the types and mix of services and supports provided, because, to make good decisions, persons supported and their families need complete information about the availability, alternatives, and costs of services and supports, how the decision-making process works, and how to participate in that process; (2) The system of care provides individualized services and supports based on an individualized service plan that is comprehensive, coordinated, and developmentally appropriate; provides smooth transition through life stages; involves families and advocates, as appropriate; and is developed by qualified professionals in consultation with persons supported, family members, and advocates, as appropriate; (3) The system of care is community-based and provides for service in the least restrictive, most appropriate setting; (4) The system of care is culturally competent with agencies, programs, services, and supports that are responsive to the cultural, racial, and ethnic differences of the populations they serve; (5) The system of care gives consideration to the safety and health of persons supported, while respecting their choices and protecting their rights, including their right to be free from abuse, neglect, and exploitation; and (6) The system of care is continuously improved based on research and best practices. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
The core values of the service system are:
(1) The system of care is person-centered and family-focused, with the needs and choices of the individual and family, as appropriate, determining the types and mix of services and supports provided, because, to make good decisions, persons supported and their families need complete information about the availability, alternatives, and costs of services and supports, how the decision-making process works, and how to participate in that process;
(2) The system of care provides individualized services and supports based on an individualized service plan that is comprehensive, coordinated, and developmentally appropriate; provides smooth transition through life stages; involves families and advocates, as appropriate; and is developed by qualified professionals in consultation with persons supported, family members, and advocates, as appropriate;
(3) The system of care is community-based and provides for service in the least restrictive, most appropriate setting;
(4) The system of care is culturally competent with agencies, programs, services, and supports that are responsive to the cultural, racial, and ethnic differences of the populations they serve;
(5) The system of care gives consideration to the safety and health of persons supported, while respecting their choices and protecting their rights, including their right to be free from abuse, neglect, and exploitation; and
(6) The system of care is continuously improved based on research and best practices.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-7-105 — TN Code / Title 52 / Chapter 7 / Section 52-7-105
Plans for transition to adult services
Status: in_force

Intellectual and developmental disability service providers shall prepare interagency plans to assure that persons seventeen (17) years of age in state custody who will continue to need services and supports in adulthood can make a smooth transition to adult services. The plan must take into account the requirements in other state and federal laws with respect to service. If necessary to avoid delays in service during the transition into adult services, plans must be prepared before the persons become seventeen (17) years of age. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Intellectual and developmental disability service providers shall prepare interagency plans to assure that persons seventeen (17) years of age in state custody who will continue to need services and supports in adulthood can make a smooth transition to adult services. The plan must take into account the requirements in other state and federal laws with respect to service. If necessary to avoid delays in service during the transition into adult services, plans must be prepared before the persons become seventeen (17) years of age.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-2-415 — TN Code / Title 52 / Chapter 2 / Section 52-2-415
Provisional licenses
Status: in_force

(a) The department may grant a provisional license for up to one (1) year to a service or facility if: (1) The service or facility is making a diligent effort to comply with standards adopted under this part; (2) The continued operation of the service or facility will not endanger the health or safety of its persons supported; (3) The continued operation of the service or facility is necessary because care is not otherwise reasonably available for its persons supported; (4) The service or facility has submitted an acceptable compliance plan specifying how and when deficiencies will be corrected; and (5) The service or facility has substantially met the commitments made in the preceding year's compliance plan, if any. (b) Failure to meet the commitments made in the compliance plan is a ground for revocation or suspension of the license. (c) Copies of provisional licenses and compliance plans must be maintained in a central location and are open to public inspection. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) The department may grant a provisional license for up to one (1) year to a service or facility if: (1) The service or facility is making a diligent effort to comply with standards adopted under this part; (2) The continued operation of the service or facility will not endanger the health or safety of its persons supported; (3) The continued operation of the service or facility is necessary because care is not otherwise reasonably available for its persons supported; (4) The service or facility has submitted an acceptable compliance plan specifying how and when deficiencies will be corrected; and (5) The service or facility has substantially met the commitments made in the preceding year's compliance plan, if any.
(1) The service or facility is making a diligent effort to comply with standards adopted under this part;
(2) The continued operation of the service or facility will not endanger the health or safety of its persons supported;
(3) The continued operation of the service or facility is necessary because care is not otherwise reasonably available for its persons supported;
(4) The service or facility has submitted an acceptable compliance plan specifying how and when deficiencies will be corrected; and
(5) The service or facility has substantially met the commitments made in the preceding year's compliance plan, if any.
(b) Failure to meet the commitments made in the compliance plan is a ground for revocation or suspension of the license.
(c) Copies of provisional licenses and compliance plans must be maintained in a central location and are open to public inspection.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-2-1101 — TN Code / Title 52 / Chapter 2 / Section 52-2-1101
Employees and officers - Interest in facility - Disclosure
Status: in_force

A person shall disclose an ownership interest to the department or licensee, and shall not serve in a capacity of decision making or influence or responsibility for the direct referral or placement of persons to any residential facility that provides intellectual or developmental disabilities services or supports, if: (1) (A) The person is an officer or employee of the department; or (B) The person is an officer or employee of a licensee of the department; and (2) (A) The person or the person's spouse, parent, grandparent, brother, sister, or child has an ownership interest in a residential facility that is not publicly held or an ownership interest in a business that is not publicly held that owns or manages a residential facility that provides intellectual or developmental disabilities services or supports; (B) The person or combination of persons named in subdivision (2)(A) has an ownership interest of at least thirty-five percent (35%) in a residential facility that is publicly held that provides intellectual or developmental disability services; or (C) The person or combination of persons named in subdivision (2)(A), has an ownership interest of at least thirty-five percent (35%) in a business that is publicly held that owns or manages a residential facility that provides intellectual or developmental disability services. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
A person shall disclose an ownership interest to the department or licensee, and shall not serve in a capacity of decision making or influence or responsibility for the direct referral or placement of persons to any residential facility that provides intellectual or developmental disabilities services or supports, if:
(1) (A) The person is an officer or employee of the department; or (B) The person is an officer or employee of a licensee of the department; and
(A) The person is an officer or employee of the department; or
(B) The person is an officer or employee of a licensee of the department; and
(2) (A) The person or the person's spouse, parent, grandparent, brother, sister, or child has an ownership interest in a residential facility that is not publicly held or an ownership interest in a business that is not publicly held that owns or manages a residential facility that provides intellectual or developmental disabilities services or supports; (B) The person or combination of persons named in subdivision (2)(A) has an ownership interest of at least thirty-five percent (35%) in a residential facility that is publicly held that provides intellectual or developmental disability services; or (C) The person or combination of persons named in subdivision (2)(A), has an ownership interest of at least thirty-five percent (35%) in a business that is publicly held that owns or manages a residential facility that provides intellectual or developmental disability services.
(A) The person or the person's spouse, parent, grandparent, brother, sister, or child has an ownership interest in a residential facility that is not publicly held or an ownership interest in a business that is not publicly held that owns or manages a residential facility that provides intellectual or developmental disabilities services or supports;
(B) The person or combination of persons named in subdivision (2)(A) has an ownership interest of at least thirty-five percent (35%) in a residential facility that is publicly held that provides intellectual or developmental disability services; or
(C) The person or combination of persons named in subdivision (2)(A), has an ownership interest of at least thirty-five percent (35%) in a business that is publicly held that owns or manages a residential facility that provides intellectual or developmental disability services.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-3-109 — TN Code / Title 52 / Chapter 3 / Section 52-3-109
Release of information to family members - Authorization
Status: in_force

(a) A person supported must be given an opportunity to approve and sign an information release that authorizes the facility, service, or program to release specified information concerning the person supported to certain family members and other designated persons. (b) The person supported may withdraw authority to release all information previously authorized, withdraw authority to release the information to any individuals previously authorized, or modify either the type of information authorized in subsection (c) or the individuals to whom the information may be provided. All such changes must be executed in writing by the person supported or: (1) The conservator of the person supported; (2) The attorney in fact under a power of attorney who has the right to make disclosures under the power; (3) The parent, legal guardian, or legal custodian of a person supported who is a child; (4) The person supported's guardian ad litem for the purposes of the litigation in which the guardian ad litem serves; (5) The executor or administrator of the estate of a deceased person supported; or (6) The caregiver under title 34, chapter 6, part 3. (c) The information release must provide the person supported options for authorized disclosures to: (1) Specified family members that discloses only location; (2) Specified family members who are to be involved with discharge instructions and linking to other services; and (3) Specified family members who are to be involved in and supportive in the treatment process. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) A person supported must be given an opportunity to approve and sign an information release that authorizes the facility, service, or program to release specified information concerning the person supported to certain family members and other designated persons.
(b) The person supported may withdraw authority to release all information previously authorized, withdraw authority to release the information to any individuals previously authorized, or modify either the type of information authorized in subsection (c) or the individuals to whom the information may be provided. All such changes must be executed in writing by the person supported or: (1) The conservator of the person supported; (2) The attorney in fact under a power of attorney who has the right to make disclosures under the power; (3) The parent, legal guardian, or legal custodian of a person supported who is a child; (4) The person supported's guardian ad litem for the purposes of the litigation in which the guardian ad litem serves; (5) The executor or administrator of the estate of a deceased person supported; or (6) The caregiver under title 34, chapter 6, part 3.
(1) The conservator of the person supported;
(2) The attorney in fact under a power of attorney who has the right to make disclosures under the power;
(3) The parent, legal guardian, or legal custodian of a person supported who is a child;
(4) The person supported's guardian ad litem for the purposes of the litigation in which the guardian ad litem serves;
(5) The executor or administrator of the estate of a deceased person supported; or
(6) The caregiver under title 34, chapter 6, part 3.
(c) The information release must provide the person supported options for authorized disclosures to: (1) Specified family members that discloses only location; (2) Specified family members who are to be involved with discharge instructions and linking to other services; and (3) Specified family members who are to be involved in and supportive in the treatment process.
(1) Specified family members that discloses only location;
(2) Specified family members who are to be involved with discharge instructions and linking to other services; and
(3) Specified family members who are to be involved in and supportive in the treatment process.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-8-206 — TN Code / Title 52 / Chapter 8 / Section 52-8-206
Working group - Abuse - Law enforcement field guide
Status: in_force

The commissioner shall establish a working group that is led by the department and includes the division of adult protective services of the department of human services, the department of health, the district attorneys general conference, members of local law enforcement, and other state departments and agencies as necessary. The working group shall draft and develop a field guide to provide law enforcement in this state with the specific statutes and other resources related to assisting in the prevention, investigation, and prosecution of abuse under this part or the Tennessee Adult Protection Act, compiled in title 71, chapter 6, part 1. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
The commissioner shall establish a working group that is led by the department and includes the division of adult protective services of the department of human services, the department of health, the district attorneys general conference, members of local law enforcement, and other state departments and agencies as necessary. The working group shall draft and develop a field guide to provide law enforcement in this state with the specific statutes and other resources related to assisting in the prevention, investigation, and prosecution of abuse under this part or the Tennessee Adult Protection Act, compiled in title 71, chapter 6, part 1.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-5-206 — TN Code / Title 52 / Chapter 5 / Section 52-5-206
Service coordination
Status: in_force

As a part of the family support program, the contracted agency shall provide service coordination for each family that includes information, coordination, and other assistance as needed by the family. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
As a part of the family support program, the contracted agency shall provide service coordination for each family that includes information, coordination, and other assistance as needed by the family.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-2-701 — TN Code / Title 52 / Chapter 2 / Section 52-2-701
Security guards - Powers
Status: in_force

The security guards at all department facilities and other personnel the commissioner may designate are vested with the powers and authority of peace officers and shall exercise the powers and authority on the grounds of facilities under the supervision of the department. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
The security guards at all department facilities and other personnel the commissioner may designate are vested with the powers and authority of peace officers and shall exercise the powers and authority on the grounds of facilities under the supervision of the department.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-2-909 — TN Code / Title 52 / Chapter 2 / Section 52-2-909
State - Provision of care
Status: in_force

(a) A person supported shall not receive care at the expense of the state in a program operated by the department, except: (1) A person who is indigent; (2) A person subject to evaluation, diagnosis, or treatment, under chapter 5, parts 4 and 5 of this title; (3) A person whose service is paid for, in part, by state or federal government and the payment is conditioned on the department's acceptance of it as full satisfaction of the person's liability; or (4) A person whose service is paid for by the person supported or another person or a third party and the department determines, under standards developed in consultation with the comptroller of the treasury and approved by the commissioner of finance and administration, that the state's interests are best served by accepting payment offered as full satisfaction of the person supported's liability. (b) Subdivision (a)(4) does not apply to any claim for payment for which the state has a suit pending to recover payment. (c) For purposes of this section, "person supported" does not include persons receiving services under the public guardianship program for the elderly authorized by § 34-7-103 . Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) A person supported shall not receive care at the expense of the state in a program operated by the department, except: (1) A person who is indigent; (2) A person subject to evaluation, diagnosis, or treatment, under chapter 5, parts 4 and 5 of this title; (3) A person whose service is paid for, in part, by state or federal government and the payment is conditioned on the department's acceptance of it as full satisfaction of the person's liability; or (4) A person whose service is paid for by the person supported or another person or a third party and the department determines, under standards developed in consultation with the comptroller of the treasury and approved by the commissioner of finance and administration, that the state's interests are best served by accepting payment offered as full satisfaction of the person supported's liability.
(1) A person who is indigent;
(2) A person subject to evaluation, diagnosis, or treatment, under chapter 5, parts 4 and 5 of this title;
(3) A person whose service is paid for, in part, by state or federal government and the payment is conditioned on the department's acceptance of it as full satisfaction of the person's liability; or
(4) A person whose service is paid for by the person supported or another person or a third party and the department determines, under standards developed in consultation with the comptroller of the treasury and approved by the commissioner of finance and administration, that the state's interests are best served by accepting payment offered as full satisfaction of the person supported's liability.
(b) Subdivision (a)(4) does not apply to any claim for payment for which the state has a suit pending to recover payment.
(c) For purposes of this section, "person supported" does not include persons receiving services under the public guardianship program for the elderly authorized by § 34-7-103 .
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-2-105 — TN Code / Title 52 / Chapter 2 / Section 52-2-105
Planning and resource allocation areas - Information and referrals
Status: in_force

The department shall establish areas for planning and resource allocation. The department shall define geographically dispersed and accessible points of access to service systems and designate providers or mechanisms to provide information and referral for services and supports and for eligibility decisions. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
The department shall establish areas for planning and resource allocation. The department shall define geographically dispersed and accessible points of access to service systems and designate providers or mechanisms to provide information and referral for services and supports and for eligibility decisions.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-4-106 — TN Code / Title 52 / Chapter 4 / Section 52-4-106
Appointment of conservator for a person supported
Status: in_force

If a facility in which a person supported is committed or admitted is of the opinion that the person supported is unable to exercise any of the rights afforded by this chapter and chapter 3 of this title, then the facility must notify immediately the person supported and the person supported's attorney, parent, legal custodian, spouse, or other nearest known adult relative of the fact, as applicable, and the department may file for the appointment of a conservator and must notify those persons as to whether the department intends to do so. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
If a facility in which a person supported is committed or admitted is of the opinion that the person supported is unable to exercise any of the rights afforded by this chapter and chapter 3 of this title, then the facility must notify immediately the person supported and the person supported's attorney, parent, legal custodian, spouse, or other nearest known adult relative of the fact, as applicable, and the department may file for the appointment of a conservator and must notify those persons as to whether the department intends to do so.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-8-201 — TN Code / Title 52 / Chapter 8 / Section 52-8-201
Purposes of part
Status: in_force

The general purposes of this part are to provide a comprehensive and coordinated service system for the state's aging population, giving high priority to those persons in greatest need, to conduct studies and research into the needs and problems of the aging, and to provide a system of home- and community-based long-term care services that is responsive to the needs of all Tennesseans regardless of age, disability, or economic status. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
The general purposes of this part are to provide a comprehensive and coordinated service system for the state's aging population, giving high priority to those persons in greatest need, to conduct studies and research into the needs and problems of the aging, and to provide a system of home- and community-based long-term care services that is responsive to the needs of all Tennesseans regardless of age, disability, or economic status.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-2-801 — TN Code / Title 52 / Chapter 2 / Section 52-2-801
Nonprofit service providers - Purchasing goods and services
Status: in_force

Any corporation that is exempted from taxation under 26 U.S.C. § 501(c)(3) , and that contracts with the state or its agents to provide services or supports to the public is authorized to purchase or contract to purchase goods or services on the same terms and conditions as that contracted for by the state under state purchasing contracts. Purchases by and for the corporation are not required to be made through the purchasing division of the department of general services. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Any corporation that is exempted from taxation under 26 U.S.C. § 501(c)(3) , and that contracts with the state or its agents to provide services or supports to the public is authorized to purchase or contract to purchase goods or services on the same terms and conditions as that contracted for by the state under state purchasing contracts. Purchases by and for the corporation are not required to be made through the purchasing division of the department of general services.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-2-1001 — TN Code / Title 52 / Chapter 2 / Section 52-2-1001
Investigative reports release - Fingerprints
Status: in_force

(a) To help the department determine the suitability of a person for volunteer services or employment and verify the accuracy of information submitted in support of an application to work for the department, any person who applies to work for the department as an employee, or any volunteer, whose function would include direct contact with or direct responsibility for persons with an intellectual or developmental disability shall: (1) Agree to the release of all investigative records about the person from any source, including federal, state, and local governments; and (2) Supply a fingerprint sample for the conduct of a criminal background investigation by the Tennessee bureau of investigation. If no disqualifying record is identified, then the bureau must send the fingerprints to the federal bureau of investigation for a national criminal history record check. (b) The department shall pay the costs for conducting any investigation under this section. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) To help the department determine the suitability of a person for volunteer services or employment and verify the accuracy of information submitted in support of an application to work for the department, any person who applies to work for the department as an employee, or any volunteer, whose function would include direct contact with or direct responsibility for persons with an intellectual or developmental disability shall: (1) Agree to the release of all investigative records about the person from any source, including federal, state, and local governments; and (2) Supply a fingerprint sample for the conduct of a criminal background investigation by the Tennessee bureau of investigation. If no disqualifying record is identified, then the bureau must send the fingerprints to the federal bureau of investigation for a national criminal history record check.
(1) Agree to the release of all investigative records about the person from any source, including federal, state, and local governments; and
(2) Supply a fingerprint sample for the conduct of a criminal background investigation by the Tennessee bureau of investigation. If no disqualifying record is identified, then the bureau must send the fingerprints to the federal bureau of investigation for a national criminal history record check.
(b) The department shall pay the costs for conducting any investigation under this section.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-5-504 — TN Code / Title 52 / Chapter 5 / Section 52-5-504
Services plan development
Status: in_force

If upon completion of an evaluation of a person under § 52-5-404 or § 52-5-409 , the department determines that the person meets the standards in § 52-5-501 , § 52-5-502 , or § 52-5-503 , and if the department certifies to the court that there are funds available within the limits of the department's line-item appropriation for services, then the department must attempt to develop a service plan for the person for the purpose stated. The plan must be for a maximum of two (2) years, and no person shall participate in the plan for more than two (2) years. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
If upon completion of an evaluation of a person under § 52-5-404 or § 52-5-409 , the department determines that the person meets the standards in § 52-5-501 , § 52-5-502 , or § 52-5-503 , and if the department certifies to the court that there are funds available within the limits of the department's line-item appropriation for services, then the department must attempt to develop a service plan for the person for the purpose stated. The plan must be for a maximum of two (2) years, and no person shall participate in the plan for more than two (2) years.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-2-904 — TN Code / Title 52 / Chapter 2 / Section 52-2-904
Nonindigent person supported - Payments
Status: in_force

If a person supported who is not indigent receives service from a program operated by the department, then the department may at least annually establish an amount to be paid periodically by the person supported and each responsible relative. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
If a person supported who is not indigent receives service from a program operated by the department, then the department may at least annually establish an amount to be paid periodically by the person supported and each responsible relative.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-3-210 — TN Code / Title 52 / Chapter 3 / Section 52-3-210
Lack of capacity
Status: in_force

A person "lacks capacity" under this title for a decision about a routine medical, dental, or mental health treatment if: (1) The person supported, due to an intellectual disability or mental impairment related to a developmental disability, is unable to make an informed decision about the routine medical, dental, or mental health treatment; and (2) The incapacity is shown by the fact that the person is not able to understand the proposed procedure, its risks and benefits, or the available alternative procedures. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
A person "lacks capacity" under this title for a decision about a routine medical, dental, or mental health treatment if:
(1) The person supported, due to an intellectual disability or mental impairment related to a developmental disability, is unable to make an informed decision about the routine medical, dental, or mental health treatment; and
(2) The incapacity is shown by the fact that the person is not able to understand the proposed procedure, its risks and benefits, or the available alternative procedures.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-2-401 — TN Code / Title 52 / Chapter 2 / Section 52-2-401
Short title
Status: in_force

This part is known and may be cited as the "Disability Services and Personal Support Services Licensure Law." Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
This part is known and may be cited as the "Disability Services and Personal Support Services Licensure Law."
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-7-104 — TN Code / Title 52 / Chapter 7 / Section 52-7-104
Emancipated children - Parental rights and responsibilities
Status: in_force

Children who are emancipated by marriage, court order, or in any other way recognized by law in the state have all the rights and responsibilities of adults under this title, except to the extent those rights are restricted by court order. The parent of an emancipated child must be treated as the parent of an adult under the provisions of this title that give parents rights or responsibilities with respect to the child. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Children who are emancipated by marriage, court order, or in any other way recognized by law in the state have all the rights and responsibilities of adults under this title, except to the extent those rights are restricted by court order. The parent of an emancipated child must be treated as the parent of an adult under the provisions of this title that give parents rights or responsibilities with respect to the child.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-2-411 — TN Code / Title 52 / Chapter 2 / Section 52-2-411
Surveyor - Notification of violation
Status: in_force

If the department finds a violation of a statute or rule that may be a ground for a civil penalty, the department must advise the licensee of the finding orally before concluding the survey. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
If the department finds a violation of a statute or rule that may be a ground for a civil penalty, the department must advise the licensee of the finding orally before concluding the survey.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-2-501 — TN Code / Title 52 / Chapter 2 / Section 52-2-501
Transportation options
Status: in_force

The department may develop an array of options for transportation for all regions of the state that includes, but is not limited to, willing family members, transportation agents that are available twenty-four (24) hours per day, ambulances or other medically appropriate vehicles, law enforcement, and public and private service providers. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
The department may develop an array of options for transportation for all regions of the state that includes, but is not limited to, willing family members, transportation agents that are available twenty-four (24) hours per day, ambulances or other medically appropriate vehicles, law enforcement, and public and private service providers.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-3-113 — TN Code / Title 52 / Chapter 3 / Section 52-3-113
Record amendment
Status: in_force

(a) If a person supported, or that person's conservator with healthcare decision-making authority, requests amendment of the person supported's record by revision, deletion, or addition to correct the record, then the service provider must, within ten (10) working days after receiving the request, either make the amendment to assure that the person supported's records do not contain inaccurate, irrelevant, or otherwise inappropriate information or inform the person supported, or the person's conservator, of its refusal, the reason for the refusal, and the procedure, if any, for further internal review of the decision. (b) If any provider decides that it will not amend the record in accordance with the request, then the provider must permit the person supported, or the person's conservator, to file a concise statement of the reasons for the person supported's or conservator's disagreement. (c) If any provider discloses any of the disputed information, then the provider must clearly note the disputed information and provide a copy of the statement of disagreement. If the provider wishes, it may also provide a concise statement of its reasons for not making the requested amendments. (d) The person supported, or their conservator, shall not personally alter the record. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) If a person supported, or that person's conservator with healthcare decision-making authority, requests amendment of the person supported's record by revision, deletion, or addition to correct the record, then the service provider must, within ten (10) working days after receiving the request, either make the amendment to assure that the person supported's records do not contain inaccurate, irrelevant, or otherwise inappropriate information or inform the person supported, or the person's conservator, of its refusal, the reason for the refusal, and the procedure, if any, for further internal review of the decision.
(b) If any provider decides that it will not amend the record in accordance with the request, then the provider must permit the person supported, or the person's conservator, to file a concise statement of the reasons for the person supported's or conservator's disagreement.
(c) If any provider discloses any of the disputed information, then the provider must clearly note the disputed information and provide a copy of the statement of disagreement. If the provider wishes, it may also provide a concise statement of its reasons for not making the requested amendments.
(d) The person supported, or their conservator, shall not personally alter the record.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-7-103 — TN Code / Title 52 / Chapter 7 / Section 52-7-103
Priority population - Funding
Status: in_force

Children with an intellectual or developmental disability are a priority population for the department's intellectual and developmental disability services and supports. The department shall set the array of services and supports for these priority populations annually in its plan. The state shall fund, and the department shall maintain the array of services and supports for persons in this priority population. Consistent with applicable eligibility requirements, the state may provide the funding for the services through the medicaid program or any waiver granted under the medicaid program, specifically including TennCare, other public funds, or private funds. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Children with an intellectual or developmental disability are a priority population for the department's intellectual and developmental disability services and supports. The department shall set the array of services and supports for these priority populations annually in its plan. The state shall fund, and the department shall maintain the array of services and supports for persons in this priority population. Consistent with applicable eligibility requirements, the state may provide the funding for the services through the medicaid program or any waiver granted under the medicaid program, specifically including TennCare, other public funds, or private funds.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-2-410 — TN Code / Title 52 / Chapter 2 / Section 52-2-410
Person supported protection trust fund
Status: in_force

(a) The commissioner shall establish and maintain a person supported protection trust fund, created by the deposit of all civil penalty moneys collected under this part. (b) The trust fund must be maintained for the purpose of protecting the persons supported of a facility or service, whose noncompliance with the conditions of continued licensure, applicable state and federal statutes, rules, or contractual standards threatens the persons supported's care or property or the facility's or service's continued operation. (c) Notwithstanding any law to the contrary, trust funds remaining unspent at the end of the fiscal year must be carried over into the budget of the department for the subsequent fiscal year and must continue to be carried over from year to year until expended for the purposes prescribed in this section. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) The commissioner shall establish and maintain a person supported protection trust fund, created by the deposit of all civil penalty moneys collected under this part.
(b) The trust fund must be maintained for the purpose of protecting the persons supported of a facility or service, whose noncompliance with the conditions of continued licensure, applicable state and federal statutes, rules, or contractual standards threatens the persons supported's care or property or the facility's or service's continued operation.
(c) Notwithstanding any law to the contrary, trust funds remaining unspent at the end of the fiscal year must be carried over into the budget of the department for the subsequent fiscal year and must continue to be carried over from year to year until expended for the purposes prescribed in this section.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-5-402 — TN Code / Title 52 / Chapter 5 / Section 52-5-402
Determination of substantial likelihood of serious harm
Status: in_force

A person poses a "substantial likelihood of serious harm" for purposes of this title only if: (1) The person: (A) Has threatened or attempted suicide or to inflict serious bodily harm on the person; (B) Has threatened or attempted homicide or other violent behavior; (C) Has placed others in reasonable fear of violent behavior and serious physical harm to them; or (D) Is unable to avoid severe impairment or injury from specific risks; and (2) There is a substantial likelihood that the harm will occur unless the person is placed under involuntary treatment. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
A person poses a "substantial likelihood of serious harm" for purposes of this title only if:
(1) The person: (A) Has threatened or attempted suicide or to inflict serious bodily harm on the person; (B) Has threatened or attempted homicide or other violent behavior; (C) Has placed others in reasonable fear of violent behavior and serious physical harm to them; or (D) Is unable to avoid severe impairment or injury from specific risks; and
(A) Has threatened or attempted suicide or to inflict serious bodily harm on the person;
(B) Has threatened or attempted homicide or other violent behavior;
(C) Has placed others in reasonable fear of violent behavior and serious physical harm to them; or
(D) Is unable to avoid severe impairment or injury from specific risks; and
(2) There is a substantial likelihood that the harm will occur unless the person is placed under involuntary treatment.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-2-414 — TN Code / Title 52 / Chapter 2 / Section 52-2-414
Department assistance
Status: in_force

The department may provide assistance to applicants for a license under this part. The department shall provide assistance in placing persons supported who are adversely affected by denial, suspension, or revocation of a license under this part. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
The department may provide assistance to applicants for a license under this part. The department shall provide assistance in placing persons supported who are adversely affected by denial, suspension, or revocation of a license under this part.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-2-103 — TN Code / Title 52 / Chapter 2 / Section 52-2-103
System requirements
Status: in_force

The state shall accomplish its purposes through community-based systems that provide: (1) Access to services and supports that are individualized to the capacities, needs, and values of each person; (2) Accountability of services and supports through statewide standards for monitoring, reporting, and evaluating information; (3) At least basic quality standards for service delivery; (4) Priorities for the use of available resources; (5) Coordination of services and supports within the department, among other state agencies, and other public and private service providers aimed at reducing duplication in service delivery and promoting complementary services and supports among all relevant entities; (6) Conflict resolution procedures; and (7) Involvement of persons supported, and, where appropriate, their conservator, families, and advocates. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
The state shall accomplish its purposes through community-based systems that provide:
(1) Access to services and supports that are individualized to the capacities, needs, and values of each person;
(2) Accountability of services and supports through statewide standards for monitoring, reporting, and evaluating information;
(3) At least basic quality standards for service delivery;
(4) Priorities for the use of available resources;
(5) Coordination of services and supports within the department, among other state agencies, and other public and private service providers aimed at reducing duplication in service delivery and promoting complementary services and supports among all relevant entities;
(6) Conflict resolution procedures; and
(7) Involvement of persons supported, and, where appropriate, their conservator, families, and advocates.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-3-502 — TN Code / Title 52 / Chapter 3 / Section 52-3-502
Mental disability of person - Determination to release
Status: in_force

During any proceeding to determine whether to release a person with an intellectual or developmental disability seeking release by means of a writ of habeas corpus under this part, § 52-3-101 , or otherwise, the court shall also, if the issue is raised in the responsive pleading, determine whether the person seeking release presently has an intellectual or developmental disability and meets the standards for involuntary commitment under §§ 52-5-403 and 52-5-404 . Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
During any proceeding to determine whether to release a person with an intellectual or developmental disability seeking release by means of a writ of habeas corpus under this part, § 52-3-101 , or otherwise, the court shall also, if the issue is raised in the responsive pleading, determine whether the person seeking release presently has an intellectual or developmental disability and meets the standards for involuntary commitment under §§ 52-5-403 and 52-5-404 .
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-5-302 — TN Code / Title 52 / Chapter 5 / Section 52-5-302
Discharge
Status: in_force

The facility may discharge a person admitted under § 52-5-301 at any time when it is in the person's best interest. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
The facility may discharge a person admitted under § 52-5-301 at any time when it is in the person's best interest.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-3-202 — TN Code / Title 52 / Chapter 3 / Section 52-3-202
Directors of a not-for-profit corporation - Liability for acts of persons supported
Status: in_force

(a) While acting in good faith, the directors of a not-for-profit corporation that provides community residential services or supports for persons with an intellectual or developmental disability are not held personally liable for tortious acts committed by the corporation's persons supported. (b) Subsection (a) does not preclude imposition of personal liability on a director who also acts as a paid officer or employee of the corporation. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) While acting in good faith, the directors of a not-for-profit corporation that provides community residential services or supports for persons with an intellectual or developmental disability are not held personally liable for tortious acts committed by the corporation's persons supported.
(b) Subsection (a) does not preclude imposition of personal liability on a director who also acts as a paid officer or employee of the corporation.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-3-112 — TN Code / Title 52 / Chapter 3 / Section 52-3-112
Person supported - Access to own records
Status: in_force

(a) Upon request by a person supported eighteen (18) years of age or older, or the person supported's conservator, if applicable, a service provider must disclose to the person supported or their conservator what records the provider maintains on the person supported and how the person supported or conservator can obtain access to them. Upon written request by a person supported or their conservator, a service provider must permit the person supported or conservator, within a reasonable time, to review the person supported's record, or the part of the record that the person supported or conservator requests, or a copy of the record, or a copy of the part of the record that the person supported or conservator requests, except to the extent that: (1) The person supported's or conservator's access to the record is expressly restricted or prohibited by another statute or court order; or (2) The provider is authorized to deny access under subsection (b). (b) If a person's qualified mental health professional determines that giving the person supported, or a person acting for the person supported, access to part of the person supported's record poses a substantial risk of serious harm to the health or safety of the person supported or another person, then the qualified mental health professional may refuse access to that part of the record. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) Upon request by a person supported eighteen (18) years of age or older, or the person supported's conservator, if applicable, a service provider must disclose to the person supported or their conservator what records the provider maintains on the person supported and how the person supported or conservator can obtain access to them. Upon written request by a person supported or their conservator, a service provider must permit the person supported or conservator, within a reasonable time, to review the person supported's record, or the part of the record that the person supported or conservator requests, or a copy of the record, or a copy of the part of the record that the person supported or conservator requests, except to the extent that: (1) The person supported's or conservator's access to the record is expressly restricted or prohibited by another statute or court order; or (2) The provider is authorized to deny access under subsection (b).
(1) The person supported's or conservator's access to the record is expressly restricted or prohibited by another statute or court order; or
(2) The provider is authorized to deny access under subsection (b).
(b) If a person's qualified mental health professional determines that giving the person supported, or a person acting for the person supported, access to part of the person supported's record poses a substantial risk of serious harm to the health or safety of the person supported or another person, then the qualified mental health professional may refuse access to that part of the record.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-5-105 — TN Code / Title 52 / Chapter 5 / Section 52-5-105
Determination of eligibility
Status: in_force

A person is eligible for service and support under this chapter on the basis of an intellectual or developmental disability only if the assessment that the person has an intellectual or developmental disability takes into account: (1) Cultural and linguistic diversity, as well as differences in communication and behavioral factors; (2) Whether the person's limitations in adaptive skills occur in the context of community environments typical of the person's age peers and is indexed to the person's individualized needs for supports; (3) Specific adaptive limitations often coexist with strengths in other adaptive skills or other personal capabilities; and (4) With appropriate supports over a sustained period, the life functioning of a person with an intellectual or developmental disability will generally improve. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
A person is eligible for service and support under this chapter on the basis of an intellectual or developmental disability only if the assessment that the person has an intellectual or developmental disability takes into account:
(1) Cultural and linguistic diversity, as well as differences in communication and behavioral factors;
(2) Whether the person's limitations in adaptive skills occur in the context of community environments typical of the person's age peers and is indexed to the person's individualized needs for supports;
(3) Specific adaptive limitations often coexist with strengths in other adaptive skills or other personal capabilities; and
(4) With appropriate supports over a sustained period, the life functioning of a person with an intellectual or developmental disability will generally improve.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-3-603 — TN Code / Title 52 / Chapter 3 / Section 52-3-603
Sexual relations with persons supported - Penalty
Status: in_force

Any employee of a service provider who has sexual relations with a person supported, other than the employee's spouse, or commits sexual battery on a person supported, knowing or having reason to believe that the person is a person supported of the service provider, is subject to discharge for that conduct. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Any employee of a service provider who has sexual relations with a person supported, other than the employee's spouse, or commits sexual battery on a person supported, knowing or having reason to believe that the person is a person supported of the service provider, is subject to discharge for that conduct.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-3-201 — TN Code / Title 52 / Chapter 3 / Section 52-3-201
Counselor - Liability for suicide
Status: in_force

(a) As used in this section, unless the context otherwise requires: (1) "Counseling center" means any nonprofit service operated at least partially with volunteer assistance that provides counseling, assistance, or guidance, either in person or by telephone, to persons with mental illness or serious emotional disturbance; and (2) "Counselor" means any psychiatrist, psychologist, licensed psychologist with health service provider designation, certified or licensed marital and family therapist, certified or licensed professional counselor, certified or licensed social worker, or other professional trained in the field of psychiatry or psychology, or any nonprofessional person acting under the guidance or supervision of the professionals described in this subdivision (a)(2). (b) A counselor, while acting within the scope of responsibilities assigned by a counseling center, is not liable civilly or criminally for the suicide or attempted suicide of any person consulting with the counselor. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) As used in this section, unless the context otherwise requires: (1) "Counseling center" means any nonprofit service operated at least partially with volunteer assistance that provides counseling, assistance, or guidance, either in person or by telephone, to persons with mental illness or serious emotional disturbance; and (2) "Counselor" means any psychiatrist, psychologist, licensed psychologist with health service provider designation, certified or licensed marital and family therapist, certified or licensed professional counselor, certified or licensed social worker, or other professional trained in the field of psychiatry or psychology, or any nonprofessional person acting under the guidance or supervision of the professionals described in this subdivision (a)(2).
(1) "Counseling center" means any nonprofit service operated at least partially with volunteer assistance that provides counseling, assistance, or guidance, either in person or by telephone, to persons with mental illness or serious emotional disturbance; and
(2) "Counselor" means any psychiatrist, psychologist, licensed psychologist with health service provider designation, certified or licensed marital and family therapist, certified or licensed professional counselor, certified or licensed social worker, or other professional trained in the field of psychiatry or psychology, or any nonprofessional person acting under the guidance or supervision of the professionals described in this subdivision (a)(2).
(b) A counselor, while acting within the scope of responsibilities assigned by a counseling center, is not liable civilly or criminally for the suicide or attempted suicide of any person consulting with the counselor.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-2-1003 — TN Code / Title 52 / Chapter 2 / Section 52-2-1003
Temporary staffing
Status: in_force

If, in the commissioner's judgment, the occupancy level at a state-owned or -operated facility or treatment resource requires additional staffing for a temporary period in order to maintain suitable available accommodations, then the commissioner is authorized to contract for and utilize temporary staffing at the affected location. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
If, in the commissioner's judgment, the occupancy level at a state-owned or -operated facility or treatment resource requires additional staffing for a temporary period in order to maintain suitable available accommodations, then the commissioner is authorized to contract for and utilize temporary staffing at the affected location.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-5-210 — TN Code / Title 52 / Chapter 5 / Section 52-5-210
Council - Meetings - Powers and duties - Traveling expenses
Status: in_force

(a) The state family support council shall meet at least quarterly. The council shall participate in the development of program policies and procedures and perform other duties as are necessary for statewide implementation of the family support program. All reimbursement for travel expenses must be in conformity with the comprehensive state travel regulations as promulgated by the commissioner of finance and administration and approved by the attorney general and reporter. (b) (1) Any council member who misses more than fifty percent (50%) of the scheduled meetings in a calendar year must be removed as a member of the council. (2) The chair of the council shall promptly notify, or cause to be notified, the appointing authority of any member who fails to satisfy the attendance requirement as prescribed in subdivision (b)(1). Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) The state family support council shall meet at least quarterly. The council shall participate in the development of program policies and procedures and perform other duties as are necessary for statewide implementation of the family support program. All reimbursement for travel expenses must be in conformity with the comprehensive state travel regulations as promulgated by the commissioner of finance and administration and approved by the attorney general and reporter.
(b) (1) Any council member who misses more than fifty percent (50%) of the scheduled meetings in a calendar year must be removed as a member of the council. (2) The chair of the council shall promptly notify, or cause to be notified, the appointing authority of any member who fails to satisfy the attendance requirement as prescribed in subdivision (b)(1).
(1) Any council member who misses more than fifty percent (50%) of the scheduled meetings in a calendar year must be removed as a member of the council.
(2) The chair of the council shall promptly notify, or cause to be notified, the appointing authority of any member who fails to satisfy the attendance requirement as prescribed in subdivision (b)(1).
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-5-503 — TN Code / Title 52 / Chapter 5 / Section 52-5-503
Capital defendant
Status: in_force

The court with criminal jurisdiction may order the person to participate in community-based services under a plan approved and developed by the department to prevent the person's deterioration to the point where the person would be committable only if: (1) The court finds on proof by clear and convincing evidence that a person with an intellectual disability: (A) Has been committed under § 52-5-404 in connection with a capital offense or with a verdict of not guilty by reason of insanity on a capital offense; (B) No longer meets the standards under which the person was committed; and (C) Has a condition that requires training or treatment without which the person would again meet commitment standards; and (2) The department certifies to the court that there are funds available within the limits of the department's line-item appropriation for services under this section for service to the person. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
The court with criminal jurisdiction may order the person to participate in community-based services under a plan approved and developed by the department to prevent the person's deterioration to the point where the person would be committable only if:
(1) The court finds on proof by clear and convincing evidence that a person with an intellectual disability: (A) Has been committed under § 52-5-404 in connection with a capital offense or with a verdict of not guilty by reason of insanity on a capital offense; (B) No longer meets the standards under which the person was committed; and (C) Has a condition that requires training or treatment without which the person would again meet commitment standards; and
(A) Has been committed under § 52-5-404 in connection with a capital offense or with a verdict of not guilty by reason of insanity on a capital offense;
(B) No longer meets the standards under which the person was committed; and
(C) Has a condition that requires training or treatment without which the person would again meet commitment standards; and
(2) The department certifies to the court that there are funds available within the limits of the department's line-item appropriation for services under this section for service to the person.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-5-201 — TN Code / Title 52 / Chapter 5 / Section 52-5-201
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Family" means a unit that consists of either a person with a severe or developmental disability and the parent, relative, or other caregiver who resides in the same household or a person with a severe or developmental disability who lives alone without such support; (2) "Family support" means goods and services needed by families to care for their family members with a severe or developmental disability and to enjoy a quality of life comparable to other community members; (3) "Family support program" means a coordinated system of family support services administered by the department directly or through contracts; (4) "Severe disability" means a disability that is functionally similar to a developmental disability but occurred after the person was twenty-two (22) years of age; and (5) "State family support council" and "council" mean the council established by the department under § 52-5-208 to carry out the responsibilities specified in this part. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
As used in this part, unless the context otherwise requires:
(1) "Family" means a unit that consists of either a person with a severe or developmental disability and the parent, relative, or other caregiver who resides in the same household or a person with a severe or developmental disability who lives alone without such support;
(2) "Family support" means goods and services needed by families to care for their family members with a severe or developmental disability and to enjoy a quality of life comparable to other community members;
(3) "Family support program" means a coordinated system of family support services administered by the department directly or through contracts;
(4) "Severe disability" means a disability that is functionally similar to a developmental disability but occurred after the person was twenty-two (22) years of age; and
(5) "State family support council" and "council" mean the council established by the department under § 52-5-208 to carry out the responsibilities specified in this part.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-6-103 — TN Code / Title 52 / Chapter 6 / Section 52-6-103
Cost of evaluation and treatment - Inpatient evaluation deadline
Status: in_force

(a) The cost of evaluation and treatment under this section and § 52-6-102 , if the defendant is charged with a misdemeanor, must be a charge upon the funds of the county. If the court finds the defendant financially able to pay all or part of the costs and expenses for the evaluation and treatment, then the court may order the defendant to pay all or part of the costs and expenses. Payment must be made to the clerk of the general sessions court for remittance to the person, agency, or facility to whom compensation is due, or, if the costs and expenses have been paid by the county, to the appropriate office of the county. (b) Costs of the care or treatment of any defendant ordered by the court and who is charged with a misdemeanor must be paid by the state only when specifically authorized by law. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) The cost of evaluation and treatment under this section and § 52-6-102 , if the defendant is charged with a misdemeanor, must be a charge upon the funds of the county. If the court finds the defendant financially able to pay all or part of the costs and expenses for the evaluation and treatment, then the court may order the defendant to pay all or part of the costs and expenses. Payment must be made to the clerk of the general sessions court for remittance to the person, agency, or facility to whom compensation is due, or, if the costs and expenses have been paid by the county, to the appropriate office of the county.
(b) Costs of the care or treatment of any defendant ordered by the court and who is charged with a misdemeanor must be paid by the state only when specifically authorized by law.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-5-204 — TN Code / Title 52 / Chapter 5 / Section 52-5-204
Contracted agency - Powers and duties
Status: in_force

The contracted agency is responsible for assisting each family for whom services and support will be provided in assessing each family's needs and shall prepare a written plan with the person and family. The needs and preferences of the family and individual are the basis for determining what goods and services are made available within the resources available. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
The contracted agency is responsible for assisting each family for whom services and support will be provided in assessing each family's needs and shall prepare a written plan with the person and family. The needs and preferences of the family and individual are the basis for determining what goods and services are made available within the resources available.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.