Tenn. Code Ann. § 37-1-605 — TN Code / Title 37 / Chapter 1 / Section 37-1-605
Reports of known or suspected child sexual abuse - Investigations - Notification to parents of abuse on school grounds or while under school supervision - Confidentiality of records
Status: in_force

(a) Any person including, but not limited to, any: (1) Physician, osteopathic physician, medical examiner, chiropractor, nurse or hospital personnel engaged in the admission, examination, care or treatment of persons; (2) Health or mental health professional other than one listed in subdivision (1); (3) Practitioner who relies solely on spiritual means for healing; (4) School teacher or other school official or personnel; (5) Judge of any court of the state; (6) Social worker, day care center worker, or other professional child care, foster care, residential or institutional worker; (7) Law enforcement officer; (8) Authority figure at a community facility, including any facility used for recreation or social assemblies, for educational, religious, social, health, or welfare purposes, including, but not limited to, facilities operated by schools, the boy or girl scouts, the YMCA or YWCA, the boys and girls club, or church or religious organizations; or (9) Neighbor, relative, friend or any other person; who knows or has reasonable cause to suspect that a child has been sexually abused shall report such knowledge or suspicion to the department in the manner prescribed in subsection (b). (b) (1) Each report of known or suspected child sexual abuse pursuant to this section shall be made immediately to the local office of the department responsible for the investigation of reports made pursuant to this section or to the judge having juvenile jurisdiction or to the office of the sheriff or the chief law enforcement official of the municipality where the child resides. Each report of known or suspected child sexual abuse occurring in a facility licensed by the department of mental health and substance abuse services, as defined in § 33-2-403 , or any hospital, shall also be made to the local law enforcement agency in the jurisdiction where such offense occurred. In addition to those procedures provided by this part, § 37-1-405 shall also apply to all cases reported hereunder. (2) If a law enforcement official or judge becomes aware of known or suspected child sexual abuse, through personal knowledge, receipt of a report or otherwise, such information shall be reported to the department immediately and the child protective team shall be notified to investigate the report for the protection of the child in accordance with this part. Further criminal investigation by such official shall be appropriately conducted. (3) Reports involving known or suspected institutional child sexual abuse shall be made and received in the same manner as all other reports made pursuant to this section. (c) Any person required to report or investigate cases of suspected child sexual abuse who has reasonable cause to suspect that a child died as a result of child sexual abuse shall report such suspicion to the appropriate medical examiner. The medical examiner shall accept the report for investigation and shall report the medical examiner's findings, in writing, to the local law enforcement agency, the appropriate district attorney general, and the department. Autopsy reports maintained by the medical examiner shall not be subject to the confidentiality requirements provided for in § 37-1-612 . (d) (1) Notwithstanding § 37-5-107 or § 37-1-612 , if a school teacher, school official, or other school personnel has knowledge or reasonable cause to suspect that a child who attends the school may be a victim of child abuse or child sexual abuse sufficient to require reporting pursuant to this section, then the school teacher, school official, or other school personnel must follow the procedures outlined in § 49-6-1601 . (2) For purposes of this subsection (d), "school" means any public or privately operated child care agency, as defined in § 71-3-501 ; child care program, as defined in § 49-1-1102 ; preschool; nursery school; kindergarten; elementary school; or secondary school. Amended by 2020 Tenn. Acts, ch. 708, s 3, eff. 8/1/2020. Amended by 2014 Tenn. Acts, ch. 761, s 1, eff. 7/1/2014. Acts 1985, ch. 478, § 6; 1987, ch. 145, §§ 2, 11; 1988, ch. 953, § 14; 1993, ch. 439, § 2; 1994, ch. 901, § 2; 2000, ch. 947, §§ 6, 8M; 2008 , ch. 1011, § 2; 2009 , ch. 283, §§ 4, 5; 2010 , ch. 1100, § 54; 2012 , ch. 575, § 1.
(a) Any person including, but not limited to, any: (1) Physician, osteopathic physician, medical examiner, chiropractor, nurse or hospital personnel engaged in the admission, examination, care or treatment of persons; (2) Health or mental health professional other than one listed in subdivision (1); (3) Practitioner who relies solely on spiritual means for healing; (4) School teacher or other school official or personnel; (5) Judge of any court of the state; (6) Social worker, day care center worker, or other professional child care, foster care, residential or institutional worker; (7) Law enforcement officer; (8) Authority figure at a community facility, including any facility used for recreation or social assemblies, for educational, religious, social, health, or welfare purposes, including, but not limited to, facilities operated by schools, the boy or girl scouts, the YMCA or YWCA, the boys and girls club, or church or religious organizations; or (9) Neighbor, relative, friend or any other person; who knows or has reasonable cause to suspect that a child has been sexually abused shall report such knowledge or suspicion to the department in the manner prescribed in subsection (b).
(1) Physician, osteopathic physician, medical examiner, chiropractor, nurse or hospital personnel engaged in the admission, examination, care or treatment of persons;
(2) Health or mental health professional other than one listed in subdivision (1);
(3) Practitioner who relies solely on spiritual means for healing;
(4) School teacher or other school official or personnel;
(5) Judge of any court of the state;
(6) Social worker, day care center worker, or other professional child care, foster care, residential or institutional worker;
(7) Law enforcement officer;
(8) Authority figure at a community facility, including any facility used for recreation or social assemblies, for educational, religious, social, health, or welfare purposes, including, but not limited to, facilities operated by schools, the boy or girl scouts, the YMCA or YWCA, the boys and girls club, or church or religious organizations; or
(9) Neighbor, relative, friend or any other person; who knows or has reasonable cause to suspect that a child has been sexually abused shall report such knowledge or suspicion to the department in the manner prescribed in subsection (b).
who knows or has reasonable cause to suspect that a child has been sexually abused shall report such knowledge or suspicion to the department in the manner prescribed in subsection (b).
(b) (1) Each report of known or suspected child sexual abuse pursuant to this section shall be made immediately to the local office of the department responsible for the investigation of reports made pursuant to this section or to the judge having juvenile jurisdiction or to the office of the sheriff or the chief law enforcement official of the municipality where the child resides. Each report of known or suspected child sexual abuse occurring in a facility licensed by the department of mental health and substance abuse services, as defined in § 33-2-403 , or any hospital, shall also be made to the local law enforcement agency in the jurisdiction where such offense occurred. In addition to those procedures provided by this part, § 37-1-405 shall also apply to all cases reported hereunder. (2) If a law enforcement official or judge becomes aware of known or suspected child sexual abuse, through personal knowledge, receipt of a report or otherwise, such information shall be reported to the department immediately and the child protective team shall be notified to investigate the report for the protection of the child in accordance with this part. Further criminal investigation by such official shall be appropriately conducted. (3) Reports involving known or suspected institutional child sexual abuse shall be made and received in the same manner as all other reports made pursuant to this section.
(1) Each report of known or suspected child sexual abuse pursuant to this section shall be made immediately to the local office of the department responsible for the investigation of reports made pursuant to this section or to the judge having juvenile jurisdiction or to the office of the sheriff or the chief law enforcement official of the municipality where the child resides. Each report of known or suspected child sexual abuse occurring in a facility licensed by the department of mental health and substance abuse services, as defined in § 33-2-403 , or any hospital, shall also be made to the local law enforcement agency in the jurisdiction where such offense occurred. In addition to those procedures provided by this part, § 37-1-405 shall also apply to all cases reported hereunder.
(2) If a law enforcement official or judge becomes aware of known or suspected child sexual abuse, through personal knowledge, receipt of a report or otherwise, such information shall be reported to the department immediately and the child protective team shall be notified to investigate the report for the protection of the child in accordance with this part. Further criminal investigation by such official shall be appropriately conducted.
(3) Reports involving known or suspected institutional child sexual abuse shall be made and received in the same manner as all other reports made pursuant to this section.
(c) Any person required to report or investigate cases of suspected child sexual abuse who has reasonable cause to suspect that a child died as a result of child sexual abuse shall report such suspicion to the appropriate medical examiner. The medical examiner shall accept the report for investigation and shall report the medical examiner's findings, in writing, to the local law enforcement agency, the appropriate district attorney general, and the department. Autopsy reports maintained by the medical examiner shall not be subject to the confidentiality requirements provided for in § 37-1-612 .
(d) (1) Notwithstanding § 37-5-107 or § 37-1-612 , if a school teacher, school official, or other school personnel has knowledge or reasonable cause to suspect that a child who attends the school may be a victim of child abuse or child sexual abuse sufficient to require reporting pursuant to this section, then the school teacher, school official, or other school personnel must follow the procedures outlined in § 49-6-1601 . (2) For purposes of this subsection (d), "school" means any public or privately operated child care agency, as defined in § 71-3-501 ; child care program, as defined in § 49-1-1102 ; preschool; nursery school; kindergarten; elementary school; or secondary school.
(1) Notwithstanding § 37-5-107 or § 37-1-612 , if a school teacher, school official, or other school personnel has knowledge or reasonable cause to suspect that a child who attends the school may be a victim of child abuse or child sexual abuse sufficient to require reporting pursuant to this section, then the school teacher, school official, or other school personnel must follow the procedures outlined in § 49-6-1601 .
(2) For purposes of this subsection (d), "school" means any public or privately operated child care agency, as defined in § 71-3-501 ; child care program, as defined in § 49-1-1102 ; preschool; nursery school; kindergarten; elementary school; or secondary school.
Amended by 2020 Tenn. Acts, ch. 708, s 3, eff. 8/1/2020.
Amended by 2014 Tenn. Acts, ch. 761, s 1, eff. 7/1/2014.
Acts 1985, ch. 478, § 6; 1987, ch. 145, §§ 2, 11; 1988, ch. 953, § 14; 1993, ch. 439, § 2; 1994, ch. 901, § 2; 2000, ch. 947, §§ 6, 8M; 2008 , ch. 1011, § 2; 2009 , ch. 283, §§ 4, 5; 2010 , ch. 1100, § 54; 2012 , ch. 575, § 1.
Tenn. Code Ann. § 37-1-406 — TN Code / Title 37 / Chapter 1 / Section 37-1-406
Availability for receiving reports - Commencement of investigations - Examination and observation of child - Reports - Services provided - Investigators - Interpreter for child who is deaf or hard of hearing
Status: in_force

(a) The department shall be capable of receiving and investigating reports of child abuse twenty-four (24) hours a day, seven (7) days a week. The county office shall make a thorough investigation promptly after receiving either an oral or written report of harm. All representatives of the child protective services agency shall, at the initial time of contact with the individual who is subject to a child abuse and neglect investigation, advise the individual of the complaints or allegations made against the individual consistent with laws protecting the rights of the informant. If it appears that the immediate safety or well being of a child is endangered, that the family may flee or the child will be unavailable, or that the facts otherwise warrant, the department shall commence an investigation immediately, regardless of the time of day or night. In the event the report involves child sexual abuse, the department shall follow the procedures outlined in subsection (b). (b) (1) In cases involving child sexual abuse, the investigation shall be conducted by a child protective investigation team as defined in § 37-1-602 relative to child sexual abuse pursuant to the provisions of § 37-1-606 . In the event an immediate investigation has been initiated, the department shall notify the child protection team as soon as possible and the team shall proceed with the investigation in accordance with the provisions of chapter 478 of the Public Acts of 1985. Other cases of child abuse may be investigated by the team in the discretion of each individual team. (2) In cases involving a report of harm alleging facts that, if proved, would constitute severe child abuse as defined in § 37-1-102 , the investigation must be conducted by a child protective investigation team pursuant to § 37-1-607 . In the event an immediate investigation has been initiated, the department shall notify the child protection team as soon as possible, and the team shall proceed with the investigation in accordance with § 37-1-607 . (c) All private schools, as defined by § 49-6-3001 , church-related schools, as defined by § 49-50-801 , and state, county and local agencies shall give the team access to records in their custody pertaining to the child and shall otherwise cooperate fully with the investigation. (d) The investigation shall include: (1) The nature, extent and cause of the harm, including a determination of whether there exists a threat of harm, and the nature and extent of any present or prior injuries or abuse; (2) The identity of the person responsible for it; (3) The nature and extent of any previous allegations, complaints, or petitions of abuse or dependency and neglect against the parent or person responsible for the care of the child; (4) The names and conditions of the other children in the home; (5) An evaluation of the parents or persons responsible for the care of the child, the home environment, and the relationship of each child to the parents or persons responsible for such child's care; (6) The identity of any other persons in the same household; (7) The identity of any other children in the care of any adult residing in the household; and (8) All other pertinent data. (e) (1) The investigation shall include a visit to the child's home, an interview with and the physical observation of the child, an interview with and the physical observation of any other children in the child's home, and an interview with the parent or parents or other custodian of the child and any other persons in the child's home. If the investigator deems it necessary, the investigation shall also include medical, psychological or psychiatric examinations of the child and any other children in the child's home or under the care of any person alleged to have permitted or caused abuse, neglect or sexual abuse to the child. If the investigator determines, based on a visit to the child's home, observation of and interview with the subject child, and interview with other persons in the child's home, that the report of harm was wholly without substance, the investigator may determine that physical and psychological examinations of the subject child are unnecessary, in which case they will not be required. If admission to the home, school, or any place where the child may be, or permission of the parents or persons responsible for the child's care for the physical and psychological or psychiatric examinations cannot be obtained, the juvenile court, upon cause shown, shall order the parents or person responsible for the care of the child or the person in charge of any place where the child may be, to allow entrance for the interview, examination, and investigation. If the report of harm indicates that the abuse, neglect or sexual abuse occurred in a place other than the child's home, then, in the discretion of the investigator, the investigation may include a visit to the location where the incident occurred or a personal interview with the child and the parents or other custodians in another location instead of a visit to the child's home. (2) Notwithstanding subdivision (e)(1), if the report of harm was made to the department anonymously, then the juvenile court shall not order the parents or person responsible for the care of the child or the person in charge of any place where the child may be, to allow the department entrance for purposes of interview, examination, and investigation unless the department has presented evidence corroborating the anonymous report of harm. (f) Any person required to investigate cases of child abuse may take or cause to be taken photographs of the areas of trauma visible on a child who is the subject of a report and of any objects or conditions in the child's home or surroundings that could have caused or contributed to the harm to the child. If the nature of the child's injuries indicate a need for immediate medical examination or treatment, the investigator may take or cause the child to be taken for diagnosis to a licensed physician or an emergency department in a hospital without the consent of the child's parents, legal guardian or legal custodian. Any licensed physician who, based on information furnished by the investigator, the parents or other persons having knowledge of the situation, or the child, or on personal observation of the child, suspects that an injury was the result of child abuse, may authorize appropriate examinations to be performed on the child without the consent of the child's parent, legal guardian or legal custodian. (g) At the initial investigation of child abuse and at any subsequent investigation as deemed appropriate by the investigator, audio or videotape recording may be taken of the traumatized victim. Such tape shall be admissible as evidence in cases of child sexual abuse if it meets the standards established in title 24 for the use of recorded statements. Regardless of whether such recording is used in evidence, it shall be made available for use as provided in § 37-1-405(b)(2) . (h) The investigator shall interview the child outside the presence of the parent(s) or other persons allegedly responsible for the harm and, wherever possible, shall interview the child in a neutral setting other than the location where the alleged abuse occurred. (i) No later than sixty (60) days after receiving the initial report, the department or team in cases of child sexual abuse or the department in all other cases shall determine whether the reported abuse was indicated or unfounded and report its findings to the department's abuse registry. Each member of the team shall be provided with a copy of the report in any case investigated by the team. In any case investigated solely by the department, the department shall make a complete written investigation report, including its recommendation, to the juvenile court. The district attorney general shall also be provided a copy of any report in all cases where the investigation determines that the report was indicated. Further proceedings shall be conducted pursuant to part 1 of this chapter, as appropriate. (j) If the department or team in cases of child sexual abuse or the department in all other cases determines that the protection of the child so requires, the department shall provide or arrange for services necessary to prevent further abuse, to safeguard and enhance the welfare of children, and to preserve family life. Such services may include provision for protective shelter, to include room and board; medical and remedial care; day care; homemaker; caretaker; transportation; counseling and therapy; training courses for the parents or legal guardian; and arranging for the provision of other appropriate services. All such services shall be provided when appropriate within the limits of available resources. These services shall first be offered for the voluntary acceptance by the parent or other person responsible for the care of the child, unless immediate removal is needed to protect the child. At any point if the department or team in cases of child sexual abuse or the department in all other cases deems that the child's need for protection so requires, it may proceed with appropriate action under part 1 of this chapter. (k) If the investigator, as a result of the investigation, determines that there is cause to classify the report of severe abuse as indicated rather than unfounded, the team in cases of child sexual abuse or the department in all other cases may recommend that criminal charges be filed against the alleged offender. Any interested person who has information regarding the offenses may forward a statement to the district attorney general as to whether such person believes prosecution is justified and appropriate. Within fifteen (15) days of the completion of the district attorney general's investigation of a report of severe abuse, the district attorney general shall advise the department or team whether or not prosecution is justified and appropriate, in the district attorney general's opinion, in view of the circumstances of the specific case. (l) The legislative intent of this section is to protect the legal rights of the family in an investigation and to ensure that no activity occurs that compromises the department's child abuse investigation or any ongoing concurrent criminal investigation conducted by law enforcement. (m) (1) In jurisdictions that have implemented the multi-level response system, in addition to other investigative procedures under this section, local law enforcement officers and district attorneys general having jurisdiction shall assist the department, on request in writing, if the department determines that it is likely that the case may result in criminal prosecution or that a child protective services worker may be at risk of harm while investigating the following reports of harm: (A) Any report of harm alleging facts that, if proved, would constitute severe child abuse as defined in § 37-1-102 ; (B) Any report of harm alleging facts that, if proved, would constitute child sexual abuse as defined in § 37-1-602 ; (C) Any report of harm alleging facts that, if proved, would constitute the following physical injuries to a child: (i) Head trauma; (ii) Broken bones; (iii) Inflicted burns; (iv) Organic functional impairment, as defined by the department; (v) Broken skin; (vi) Shaken baby syndrome; (vii) Defensive injuries; (viii) Injuries related to physical confinement; or (ix) Infants exposed to illegal narcotics, including methamphetamine; (D) Any report of harm alleging facts that, if proved, would constitute the following types of neglect: (i) A child left without supervision in a dangerous environment; (ii) Lack of food or nurturance resulting in a failure to thrive; (iii) Abandonment of a child under the age of eight (8); (iv) Lack of care that results in a life-threatening condition or hospitalization; or (v) Inaction of the parent resulting in serious physical injury; (E) Any report of harm alleging facts that would result in the removal of a child from the home pursuant to department policy or rule; (F) Any report of harm alleging facts that involve a caretaker at any institution, including, but not limited to, any licensed day care center, public or private school, or hospital; or (G) Any report of harm alleging facts that, if proved, would constitute any other class of injury identified by the department through policy or rule as necessitating investigation. (2) If a local law enforcement agency or district attorney general assisting the department under this subsection (m) decides not to proceed with prosecution or terminates prosecution after undertaking it, the agency or district attorney general shall make a written report on a standardized check-off form developed by the department and the Tennessee district attorneys general conference to the department and the juvenile court on the basis for its decision. The department shall compile such reports and present them to the judiciary committee of the senate and the civil justice committee of the house of representatives as part of its report pursuant to the multi-level response system for children and families, compiled in chapter 5, part 6 of this title. The department shall make quarterly reports to local law enforcement agencies and district attorneys general as to the number and types of cases the department is handling in their jurisdictions on the basis of reports of harm or sexual abuse or of children at risk of being so harmed or sexually abused. (n) If the report of child abuse alleges physical abuse, it shall be in the best interest of the child that the child be referred to a child advocacy center or that the investigation be conducted by a child protective services investigator who is adequately trained in investigating physical abuse reports. Under no circumstances shall the investigation be performed by a probation officer previously assigned to the child. (o) (1) Any investigator or law enforcement officer who is investigating a possible domestic abuse or child abuse incident that may have involved or occurred in the presence of a child who is deaf or hard of hearing shall not use the child's parent or family member as an interpreter. The investigator or officer shall instead communicate with the child who is deaf or hard of hearing using an interpreter trained as a sign language interpreter. (2) The interpreter may interpret from a remote location by communicating with the child using video remote interpreting. If the child is unable to understand, then a live, qualified interpreter from the list identified in subdivision (o)(3) shall be used. The communication shall occur outside the presence of the child's parent, other family members, or potential abusers. (3) Law enforcement agencies shall maintain a list of interpreters developed from a list provided by the Tennessee council for the deaf, deaf-blind, and hard of hearing. Amended by 2022 Tenn. Acts, ch. 915, s 9, eff. 4/27/2022. Amended by 2022 Tenn. Acts, ch. 849, s 1, eff. 4/20/2022. Amended by 2021 Tenn. Acts, ch. 64, s 25, eff. 3/29/2021. Amended by 2019 Tenn. Acts, ch. 510, Secs.s 1, s 2 eff. 6/3/2019. Amended by 2019 Tenn. Acts, ch. 345, s 35, eff. 5/10/2019. Amended by 2019 Tenn. Acts, ch. 329, s 1, eff. 5/8/2019. Amended by 2015 Tenn. Acts, ch. 231, s 1, eff. 4/21/2015. Amended by 2013 Tenn. Acts, ch. 236, s 21, eff. 4/19/2013. Acts 1985, ch. 478, § 41; 1987, ch. 145, §§ 6, 7, 18, 19, 21, 31; 1988, ch. 964, § 2; 2004, ch. 740, §§ 2, 3; 2005, ch. 391, § 10; 2009 , ch. 336, § 1; 2011 , ch. 410, § 3(e); 2012 , ch. 888, § 1.
(a) The department shall be capable of receiving and investigating reports of child abuse twenty-four (24) hours a day, seven (7) days a week. The county office shall make a thorough investigation promptly after receiving either an oral or written report of harm. All representatives of the child protective services agency shall, at the initial time of contact with the individual who is subject to a child abuse and neglect investigation, advise the individual of the complaints or allegations made against the individual consistent with laws protecting the rights of the informant. If it appears that the immediate safety or well being of a child is endangered, that the family may flee or the child will be unavailable, or that the facts otherwise warrant, the department shall commence an investigation immediately, regardless of the time of day or night. In the event the report involves child sexual abuse, the department shall follow the procedures outlined in subsection (b).
(b) (1) In cases involving child sexual abuse, the investigation shall be conducted by a child protective investigation team as defined in § 37-1-602 relative to child sexual abuse pursuant to the provisions of § 37-1-606 . In the event an immediate investigation has been initiated, the department shall notify the child protection team as soon as possible and the team shall proceed with the investigation in accordance with the provisions of chapter 478 of the Public Acts of 1985. Other cases of child abuse may be investigated by the team in the discretion of each individual team. (2) In cases involving a report of harm alleging facts that, if proved, would constitute severe child abuse as defined in § 37-1-102 , the investigation must be conducted by a child protective investigation team pursuant to § 37-1-607 . In the event an immediate investigation has been initiated, the department shall notify the child protection team as soon as possible, and the team shall proceed with the investigation in accordance with § 37-1-607 .
(1) In cases involving child sexual abuse, the investigation shall be conducted by a child protective investigation team as defined in § 37-1-602 relative to child sexual abuse pursuant to the provisions of § 37-1-606 . In the event an immediate investigation has been initiated, the department shall notify the child protection team as soon as possible and the team shall proceed with the investigation in accordance with the provisions of chapter 478 of the Public Acts of 1985. Other cases of child abuse may be investigated by the team in the discretion of each individual team.
(2) In cases involving a report of harm alleging facts that, if proved, would constitute severe child abuse as defined in § 37-1-102 , the investigation must be conducted by a child protective investigation team pursuant to § 37-1-607 . In the event an immediate investigation has been initiated, the department shall notify the child protection team as soon as possible, and the team shall proceed with the investigation in accordance with § 37-1-607 .
(c) All private schools, as defined by § 49-6-3001 , church-related schools, as defined by § 49-50-801 , and state, county and local agencies shall give the team access to records in their custody pertaining to the child and shall otherwise cooperate fully with the investigation.
(d) The investigation shall include: (1) The nature, extent and cause of the harm, including a determination of whether there exists a threat of harm, and the nature and extent of any present or prior injuries or abuse; (2) The identity of the person responsible for it; (3) The nature and extent of any previous allegations, complaints, or petitions of abuse or dependency and neglect against the parent or person responsible for the care of the child; (4) The names and conditions of the other children in the home; (5) An evaluation of the parents or persons responsible for the care of the child, the home environment, and the relationship of each child to the parents or persons responsible for such child's care; (6) The identity of any other persons in the same household; (7) The identity of any other children in the care of any adult residing in the household; and (8) All other pertinent data.
(1) The nature, extent and cause of the harm, including a determination of whether there exists a threat of harm, and the nature and extent of any present or prior injuries or abuse;
(2) The identity of the person responsible for it;
(3) The nature and extent of any previous allegations, complaints, or petitions of abuse or dependency and neglect against the parent or person responsible for the care of the child;
(4) The names and conditions of the other children in the home;
(5) An evaluation of the parents or persons responsible for the care of the child, the home environment, and the relationship of each child to the parents or persons responsible for such child's care;
(6) The identity of any other persons in the same household;
(7) The identity of any other children in the care of any adult residing in the household; and
(8) All other pertinent data.
(e) (1) The investigation shall include a visit to the child's home, an interview with and the physical observation of the child, an interview with and the physical observation of any other children in the child's home, and an interview with the parent or parents or other custodian of the child and any other persons in the child's home. If the investigator deems it necessary, the investigation shall also include medical, psychological or psychiatric examinations of the child and any other children in the child's home or under the care of any person alleged to have permitted or caused abuse, neglect or sexual abuse to the child. If the investigator determines, based on a visit to the child's home, observation of and interview with the subject child, and interview with other persons in the child's home, that the report of harm was wholly without substance, the investigator may determine that physical and psychological examinations of the subject child are unnecessary, in which case they will not be required. If admission to the home, school, or any place where the child may be, or permission of the parents or persons responsible for the child's care for the physical and psychological or psychiatric examinations cannot be obtained, the juvenile court, upon cause shown, shall order the parents or person responsible for the care of the child or the person in charge of any place where the child may be, to allow entrance for the interview, examination, and investigation. If the report of harm indicates that the abuse, neglect or sexual abuse occurred in a place other than the child's home, then, in the discretion of the investigator, the investigation may include a visit to the location where the incident occurred or a personal interview with the child and the parents or other custodians in another location instead of a visit to the child's home. (2) Notwithstanding subdivision (e)(1), if the report of harm was made to the department anonymously, then the juvenile court shall not order the parents or person responsible for the care of the child or the person in charge of any place where the child may be, to allow the department entrance for purposes of interview, examination, and investigation unless the department has presented evidence corroborating the anonymous report of harm.
(1) The investigation shall include a visit to the child's home, an interview with and the physical observation of the child, an interview with and the physical observation of any other children in the child's home, and an interview with the parent or parents or other custodian of the child and any other persons in the child's home. If the investigator deems it necessary, the investigation shall also include medical, psychological or psychiatric examinations of the child and any other children in the child's home or under the care of any person alleged to have permitted or caused abuse, neglect or sexual abuse to the child. If the investigator determines, based on a visit to the child's home, observation of and interview with the subject child, and interview with other persons in the child's home, that the report of harm was wholly without substance, the investigator may determine that physical and psychological examinations of the subject child are unnecessary, in which case they will not be required. If admission to the home, school, or any place where the child may be, or permission of the parents or persons responsible for the child's care for the physical and psychological or psychiatric examinations cannot be obtained, the juvenile court, upon cause shown, shall order the parents or person responsible for the care of the child or the person in charge of any place where the child may be, to allow entrance for the interview, examination, and investigation. If the report of harm indicates that the abuse, neglect or sexual abuse occurred in a place other than the child's home, then, in the discretion of the investigator, the investigation may include a visit to the location where the incident occurred or a personal interview with the child and the parents or other custodians in another location instead of a visit to the child's home.
(2) Notwithstanding subdivision (e)(1), if the report of harm was made to the department anonymously, then the juvenile court shall not order the parents or person responsible for the care of the child or the person in charge of any place where the child may be, to allow the department entrance for purposes of interview, examination, and investigation unless the department has presented evidence corroborating the anonymous report of harm.
(f) Any person required to investigate cases of child abuse may take or cause to be taken photographs of the areas of trauma visible on a child who is the subject of a report and of any objects or conditions in the child's home or surroundings that could have caused or contributed to the harm to the child. If the nature of the child's injuries indicate a need for immediate medical examination or treatment, the investigator may take or cause the child to be taken for diagnosis to a licensed physician or an emergency department in a hospital without the consent of the child's parents, legal guardian or legal custodian. Any licensed physician who, based on information furnished by the investigator, the parents or other persons having knowledge of the situation, or the child, or on personal observation of the child, suspects that an injury was the result of child abuse, may authorize appropriate examinations to be performed on the child without the consent of the child's parent, legal guardian or legal custodian.
(g) At the initial investigation of child abuse and at any subsequent investigation as deemed appropriate by the investigator, audio or videotape recording may be taken of the traumatized victim. Such tape shall be admissible as evidence in cases of child sexual abuse if it meets the standards established in title 24 for the use of recorded statements. Regardless of whether such recording is used in evidence, it shall be made available for use as provided in § 37-1-405(b)(2) .
(h) The investigator shall interview the child outside the presence of the parent(s) or other persons allegedly responsible for the harm and, wherever possible, shall interview the child in a neutral setting other than the location where the alleged abuse occurred.
(i) No later than sixty (60) days after receiving the initial report, the department or team in cases of child sexual abuse or the department in all other cases shall determine whether the reported abuse was indicated or unfounded and report its findings to the department's abuse registry. Each member of the team shall be provided with a copy of the report in any case investigated by the team. In any case investigated solely by the department, the department shall make a complete written investigation report, including its recommendation, to the juvenile court. The district attorney general shall also be provided a copy of any report in all cases where the investigation determines that the report was indicated. Further proceedings shall be conducted pursuant to part 1 of this chapter, as appropriate.
(j) If the department or team in cases of child sexual abuse or the department in all other cases determines that the protection of the child so requires, the department shall provide or arrange for services necessary to prevent further abuse, to safeguard and enhance the welfare of children, and to preserve family life. Such services may include provision for protective shelter, to include room and board; medical and remedial care; day care; homemaker; caretaker; transportation; counseling and therapy; training courses for the parents or legal guardian; and arranging for the provision of other appropriate services. All such services shall be provided when appropriate within the limits of available resources. These services shall first be offered for the voluntary acceptance by the parent or other person responsible for the care of the child, unless immediate removal is needed to protect the child. At any point if the department or team in cases of child sexual abuse or the department in all other cases deems that the child's need for protection so requires, it may proceed with appropriate action under part 1 of this chapter.
(k) If the investigator, as a result of the investigation, determines that there is cause to classify the report of severe abuse as indicated rather than unfounded, the team in cases of child sexual abuse or the department in all other cases may recommend that criminal charges be filed against the alleged offender. Any interested person who has information regarding the offenses may forward a statement to the district attorney general as to whether such person believes prosecution is justified and appropriate. Within fifteen (15) days of the completion of the district attorney general's investigation of a report of severe abuse, the district attorney general shall advise the department or team whether or not prosecution is justified and appropriate, in the district attorney general's opinion, in view of the circumstances of the specific case.
(l) The legislative intent of this section is to protect the legal rights of the family in an investigation and to ensure that no activity occurs that compromises the department's child abuse investigation or any ongoing concurrent criminal investigation conducted by law enforcement.
(m) (1) In jurisdictions that have implemented the multi-level response system, in addition to other investigative procedures under this section, local law enforcement officers and district attorneys general having jurisdiction shall assist the department, on request in writing, if the department determines that it is likely that the case may result in criminal prosecution or that a child protective services worker may be at risk of harm while investigating the following reports of harm: (A) Any report of harm alleging facts that, if proved, would constitute severe child abuse as defined in § 37-1-102 ; (B) Any report of harm alleging facts that, if proved, would constitute child sexual abuse as defined in § 37-1-602 ; (C) Any report of harm alleging facts that, if proved, would constitute the following physical injuries to a child: (i) Head trauma; (ii) Broken bones; (iii) Inflicted burns; (iv) Organic functional impairment, as defined by the department; (v) Broken skin; (vi) Shaken baby syndrome; (vii) Defensive injuries; (viii) Injuries related to physical confinement; or (ix) Infants exposed to illegal narcotics, including methamphetamine; (D) Any report of harm alleging facts that, if proved, would constitute the following types of neglect: (i) A child left without supervision in a dangerous environment; (ii) Lack of food or nurturance resulting in a failure to thrive; (iii) Abandonment of a child under the age of eight (8); (iv) Lack of care that results in a life-threatening condition or hospitalization; or (v) Inaction of the parent resulting in serious physical injury; (E) Any report of harm alleging facts that would result in the removal of a child from the home pursuant to department policy or rule; (F) Any report of harm alleging facts that involve a caretaker at any institution, including, but not limited to, any licensed day care center, public or private school, or hospital; or (G) Any report of harm alleging facts that, if proved, would constitute any other class of injury identified by the department through policy or rule as necessitating investigation. (2) If a local law enforcement agency or district attorney general assisting the department under this subsection (m) decides not to proceed with prosecution or terminates prosecution after undertaking it, the agency or district attorney general shall make a written report on a standardized check-off form developed by the department and the Tennessee district attorneys general conference to the department and the juvenile court on the basis for its decision. The department shall compile such reports and present them to the judiciary committee of the senate and the civil justice committee of the house of representatives as part of its report pursuant to the multi-level response system for children and families, compiled in chapter 5, part 6 of this title. The department shall make quarterly reports to local law enforcement agencies and district attorneys general as to the number and types of cases the department is handling in their jurisdictions on the basis of reports of harm or sexual abuse or of children at risk of being so harmed or sexually abused.
(1) In jurisdictions that have implemented the multi-level response system, in addition to other investigative procedures under this section, local law enforcement officers and district attorneys general having jurisdiction shall assist the department, on request in writing, if the department determines that it is likely that the case may result in criminal prosecution or that a child protective services worker may be at risk of harm while investigating the following reports of harm: (A) Any report of harm alleging facts that, if proved, would constitute severe child abuse as defined in § 37-1-102 ; (B) Any report of harm alleging facts that, if proved, would constitute child sexual abuse as defined in § 37-1-602 ; (C) Any report of harm alleging facts that, if proved, would constitute the following physical injuries to a child: (i) Head trauma; (ii) Broken bones; (iii) Inflicted burns; (iv) Organic functional impairment, as defined by the department; (v) Broken skin; (vi) Shaken baby syndrome; (vii) Defensive injuries; (viii) Injuries related to physical confinement; or (ix) Infants exposed to illegal narcotics, including methamphetamine; (D) Any report of harm alleging facts that, if proved, would constitute the following types of neglect: (i) A child left without supervision in a dangerous environment; (ii) Lack of food or nurturance resulting in a failure to thrive; (iii) Abandonment of a child under the age of eight (8); (iv) Lack of care that results in a life-threatening condition or hospitalization; or (v) Inaction of the parent resulting in serious physical injury; (E) Any report of harm alleging facts that would result in the removal of a child from the home pursuant to department policy or rule; (F) Any report of harm alleging facts that involve a caretaker at any institution, including, but not limited to, any licensed day care center, public or private school, or hospital; or (G) Any report of harm alleging facts that, if proved, would constitute any other class of injury identified by the department through policy or rule as necessitating investigation.
(A) Any report of harm alleging facts that, if proved, would constitute severe child abuse as defined in § 37-1-102 ;
(B) Any report of harm alleging facts that, if proved, would constitute child sexual abuse as defined in § 37-1-602 ;
(C) Any report of harm alleging facts that, if proved, would constitute the following physical injuries to a child: (i) Head trauma; (ii) Broken bones; (iii) Inflicted burns; (iv) Organic functional impairment, as defined by the department; (v) Broken skin; (vi) Shaken baby syndrome; (vii) Defensive injuries; (viii) Injuries related to physical confinement; or (ix) Infants exposed to illegal narcotics, including methamphetamine;
(i) Head trauma;
(ii) Broken bones;
(iii) Inflicted burns;
(iv) Organic functional impairment, as defined by the department;
(v) Broken skin;
(vi) Shaken baby syndrome;
(vii) Defensive injuries;
(viii) Injuries related to physical confinement; or
(ix) Infants exposed to illegal narcotics, including methamphetamine;
(D) Any report of harm alleging facts that, if proved, would constitute the following types of neglect: (i) A child left without supervision in a dangerous environment; (ii) Lack of food or nurturance resulting in a failure to thrive; (iii) Abandonment of a child under the age of eight (8); (iv) Lack of care that results in a life-threatening condition or hospitalization; or (v) Inaction of the parent resulting in serious physical injury;
(i) A child left without supervision in a dangerous environment;
(ii) Lack of food or nurturance resulting in a failure to thrive;
(iii) Abandonment of a child under the age of eight (8);
(iv) Lack of care that results in a life-threatening condition or hospitalization; or
(v) Inaction of the parent resulting in serious physical injury;
(E) Any report of harm alleging facts that would result in the removal of a child from the home pursuant to department policy or rule;
(F) Any report of harm alleging facts that involve a caretaker at any institution, including, but not limited to, any licensed day care center, public or private school, or hospital; or
(G) Any report of harm alleging facts that, if proved, would constitute any other class of injury identified by the department through policy or rule as necessitating investigation.
(2) If a local law enforcement agency or district attorney general assisting the department under this subsection (m) decides not to proceed with prosecution or terminates prosecution after undertaking it, the agency or district attorney general shall make a written report on a standardized check-off form developed by the department and the Tennessee district attorneys general conference to the department and the juvenile court on the basis for its decision. The department shall compile such reports and present them to the judiciary committee of the senate and the civil justice committee of the house of representatives as part of its report pursuant to the multi-level response system for children and families, compiled in chapter 5, part 6 of this title. The department shall make quarterly reports to local law enforcement agencies and district attorneys general as to the number and types of cases the department is handling in their jurisdictions on the basis of reports of harm or sexual abuse or of children at risk of being so harmed or sexually abused.
(n) If the report of child abuse alleges physical abuse, it shall be in the best interest of the child that the child be referred to a child advocacy center or that the investigation be conducted by a child protective services investigator who is adequately trained in investigating physical abuse reports. Under no circumstances shall the investigation be performed by a probation officer previously assigned to the child.
(o) (1) Any investigator or law enforcement officer who is investigating a possible domestic abuse or child abuse incident that may have involved or occurred in the presence of a child who is deaf or hard of hearing shall not use the child's parent or family member as an interpreter. The investigator or officer shall instead communicate with the child who is deaf or hard of hearing using an interpreter trained as a sign language interpreter. (2) The interpreter may interpret from a remote location by communicating with the child using video remote interpreting. If the child is unable to understand, then a live, qualified interpreter from the list identified in subdivision (o)(3) shall be used. The communication shall occur outside the presence of the child's parent, other family members, or potential abusers. (3) Law enforcement agencies shall maintain a list of interpreters developed from a list provided by the Tennessee council for the deaf, deaf-blind, and hard of hearing.
(1) Any investigator or law enforcement officer who is investigating a possible domestic abuse or child abuse incident that may have involved or occurred in the presence of a child who is deaf or hard of hearing shall not use the child's parent or family member as an interpreter. The investigator or officer shall instead communicate with the child who is deaf or hard of hearing using an interpreter trained as a sign language interpreter.
(2) The interpreter may interpret from a remote location by communicating with the child using video remote interpreting. If the child is unable to understand, then a live, qualified interpreter from the list identified in subdivision (o)(3) shall be used. The communication shall occur outside the presence of the child's parent, other family members, or potential abusers.
(3) Law enforcement agencies shall maintain a list of interpreters developed from a list provided by the Tennessee council for the deaf, deaf-blind, and hard of hearing.
Amended by 2022 Tenn. Acts, ch. 915, s 9, eff. 4/27/2022.
Amended by 2022 Tenn. Acts, ch. 849, s 1, eff. 4/20/2022.
Amended by 2021 Tenn. Acts, ch. 64, s 25, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 510, Secs.s 1, s 2 eff. 6/3/2019.
Amended by 2019 Tenn. Acts, ch. 345, s 35, eff. 5/10/2019.
Amended by 2019 Tenn. Acts, ch. 329, s 1, eff. 5/8/2019.
Amended by 2015 Tenn. Acts, ch. 231, s 1, eff. 4/21/2015.
Amended by 2013 Tenn. Acts, ch. 236, s 21, eff. 4/19/2013.
Acts 1985, ch. 478, § 41; 1987, ch. 145, §§ 6, 7, 18, 19, 21, 31; 1988, ch. 964, § 2; 2004, ch. 740, §§ 2, 3; 2005, ch. 391, § 10; 2009 , ch. 336, § 1; 2011 , ch. 410, § 3(e); 2012 , ch. 888, § 1.
Tenn. Code Ann. § 37-1-607 — TN Code / Title 37 / Chapter 1 / Section 37-1-607
Child protective teams - Investigations - Services
Status: in_force

(a) (1) (A) The department shall coordinate the services of child protective teams. At least one (1) child protective team shall be organized in each county. The district attorney general of each judicial district shall, by January 15 of each year, report to the judiciary committee of the senate and the civil justice committee of the house of representatives on the status of the teams in the district attorney general's district as required by this section, and the progress of the child protective teams that have been organized in the district attorney general's district. The department shall, with the cooperation of all statutorily authorized members of the child protective team, establish a procedure and format for data collection. The procedure and format developed shall include at a minimum the following information: (i) The number of reports received for investigation by type (i.e., sexual abuse, serious physical abuse, life-threatening neglect); (ii) The number of investigations initiated by type; (iii) The number of final dispositions of cases obtained in the current reporting year by type of disposition as follows: (a) Unsubstantiated, closed, no service; (b) Unsubstantiated, referred for non-custodial support services; (c) Substantiated, closed, no service; (d) Substantiated, service provided, no prosecution; (e) Substantiated, service provided, prosecution, acquittal; or (f) Substantiated, service provided, prosecution, conviction; (iv) Age, race, gender, and relationship to the victim of perpetrators identified in cases that are included in subdivisions (a)(1)(A)(iii)( c )-( f ); and (v) The type and amount of community-based support received by child protective teams through linkages with other local agencies and organizations and through monetary or in-kind, or both, donations. (B) Such data shall be reported by January 15 of each year to the judiciary committee of the senate and the civil justice committee of the house of representatives, along with a progress report on the teams and any recommendations for enhancement of the child sexual abuse or severe child abuse plan and program. (C) The district attorneys general conference, the administrative office of the courts, the Tennessee chapter of children's advocacy centers, the department, and law enforcement agencies may enter into data sharing agreements that allow for the sharing of information necessary to ensure compliance with reporting requirements under this section and § 9-4-213(a)(8) . Data shared pursuant to an agreement retains its confidential status, consistent with § 37-1-612 . (2) Each team must be composed of one (1) person from the department, one (1) representative from the office of the district attorney general, one (1) juvenile court officer or investigator from a court of competent jurisdiction, and one (1) properly trained law enforcement officer with countywide jurisdiction from the county where the child resides or where the alleged offense occurred. The team may also include a representative from one (1) of the mental health disciplines, a representative trained in child abuse from one (1) of the medical disciplines, and, for cases involving an allegation that a child is a victim of a human trafficking offense, a representative from one (1) non-governmental agency specialized in combatting the commercial sexual exploitation of minors. It is in the best interest of the child that, whenever possible, an initial investigation shall not be commenced unless all four (4) required disciplines are represented. An initial investigation may, however, be commenced if at least two (2) of the required team members are present at the initial investigation. In those geographical areas in which a child advocacy center meets the requirements of § 9-4-213(a) or (b) , child advocacy center directors, or their designees, must be members of the teams under this part and part 4 of this chapter for the purposes of provision of services and functions established by § 9-4-213 or delegated pursuant to that section. In such event, child advocacy center directors, or their designees, may access and generate all necessary information, which shall retain its confidential status, consistent with § 37-1-612 . (3) It is the intent of the general assembly that the child protective investigations be conducted by the team members in a manner that not only protects the child but that also preserves any evidence for future criminal prosecutions. It is essential, therefore, that all phases of the child protective investigation be appropriately conducted and that further investigations, as appropriate, be properly conducted and coordinated. (b) (1) The department shall convene the appropriate child protective team when a report of child sexual abuse or severe child abuse has been received. Nothing in this section removes or reduces the duty and responsibility of any person to report all suspected or actual cases of child sexual abuse or severe child abuse. The role of the teams is to conduct child protective investigations of reported child sexual abuse and severe child abuse and to support and provide services to sexually abused children and severely abused children upon referral as deemed by the teams to be necessary and appropriate for such children. (2) (A) For each child sexual abuse report or severe child abuse report it receives, the department shall immediately notify the child protection investigation team, which shall commence an on-site child protective investigation. The team shall: (i) Determine the composition of the family or household, including the name, address, age, sex and race of each child named in the report; any siblings or other children in the same household or in the care of the same adults; the parents or other persons responsible for the child's welfare; and any other adults in the same household; (ii) Determine whether there is any indication that any child in the family or household is severely or sexually abused, including a determination of harm or threatened harm to each child; the nature and extent of present or prior injuries, or abuse, and any evidence thereof; and a determination as to the person or persons apparently responsible for the abuse; (iii) Determine the immediate and long-term risk to each child if the child remains in the existing home environment; (iv) Determine the protective, treatment and ameliorative services necessary to safeguard and ensure the child's well-being and development and, if possible, to preserve and stabilize family life; and (v) Determine the specialized, non-punitive services necessary to support the child in cases where there is an allegation that the child may be a victim of a human trafficking offense. (B) The team shall seek to interview the child in a neutral setting, other than where the alleged abuse occurred, whenever possible. (3) Immediately upon receipt of a report alleging, or immediately upon learning during the course of an investigation, that: (A) Child sexual abuse or severe child abuse has occurred; or (B) An observable injury or medically diagnosed internal injury occurred as a result of the sexual abuse or severe child abuse; the department shall orally notify the team, the appropriate district attorney general and the appropriate law enforcement agency whose criminal investigations shall be coordinated, whenever possible, with the child protective team investigation. In all cases, the team and the department shall make a full written report to the district attorney general within three (3) days of the oral report. If, as a result of an investigation, there is cause to believe a violation of title 39, chapter 17, part 10 has occurred, an appropriate report shall be filed by the district attorney general requesting an investigation by the Tennessee bureau of investigation. If independent criminal investigations are made, interviews with the victimized child shall be kept to an absolute minimum and, whenever possible, reference to the videotape or tapes made by the child protective teams should be utilized. (4) In addition to the requirements of this part, the provisions of § 37-1-406 shall apply to any investigation conducted hereunder. (5) As a result of its investigation, the team may recommend that criminal charges be filed against the alleged offender. Any interested person who has information regarding the offenses described in this subsection (b) may forward a statement to the district attorney general as to whether prosecution is warranted and appropriate. Within fifteen (15) days of the completion of the district attorney general's investigation, the district attorney general shall advise the department and the team whether or not prosecution is justified and appropriate in the district attorney general's opinion in view of the circumstances of the specific case. (c) (1) The specialized diagnostic assessment, evaluation, coordination, consultation, and other supportive services that the team shall be capable of providing, to the extent funds are specifically appropriated therefor, or by referral shall be capable of obtaining for the protection of the child, include, but are not limited to, the following: (A) Telephone consultation services in emergencies and in other situations; (B) Medical evaluation related to the sexual abuse or severe child abuse; (C) Such psychological and psychiatric diagnosis and evaluation services for the child, siblings, parent or parents, guardian or guardians, or other care givers, or any other individual involved in a child sexual abuse or severe child abuse case, as a child protection team may determine to be needed; (D) Short-term psychological treatment. It is the intent of the general assembly that the department provide or refer a child whose case has been validated by the department, and the child's family, for short-term psychological treatment before the department may close its case. Such short-term treatment shall be limited to no more than six (6) months' duration after treatment is initiated, except that the commissioner may authorize such treatment for individual children beyond this limitation if the commissioner deems it appropriate; (E) Expert medical, psychological and related professional testimony in court cases; (F) Case staffings to develop, implement and monitor treatment plans for a child whose case has been validated by the department. In all such case staffings, consultations, or staff activities involving a child, at least one (1) member of the team involved in the initial investigation shall continue to monitor the progress and status of the child whenever possible and within the same geographic area; and (G) Case service coordination and assistance, including the location of services available from other public and private agencies in the community. (2) In all instances where a child protection team is providing or has obtained by referral certain services to sexually or severely abused children, other offices and units of the department shall avoid duplicating the provision of those services. (d) As used in this section, "severe child abuse" has the same meaning as defined in § 37-1-102 . Amended by 2024 Tenn. Acts, ch. 559,s 1, eff. 3/12/2024. Amended by 2022 Tenn. Acts, ch. 1115, s 10, eff. 7/1/2022. Amended by 2022 Tenn. Acts, ch. 1115, s 9, eff. 7/1/2022. Amended by 2022 Tenn. Acts, ch. 915, Secs.s 1, s 2, s 3, s 4, s 5, s 6, s 7, s 8 eff. 4/27/2022. Amended by 2022 Tenn. Acts, ch. 649, s 1, eff. 3/15/2022. Amended by 2021 Tenn. Acts, ch. 64, s 26, eff. 3/29/2021. Amended by 2019 Tenn. Acts, ch. 345, s 36, eff. 5/10/2019. Amended by 2013 Tenn. Acts, ch. 236, s 81, eff. 4/19/2013. Acts 1985, ch. 478, § 8; 1987, ch. 145, §§ 3, 5; T.C.A., § 37-1-606(a)(2), (4) ; Acts 1988, ch. 953, §§ 9, 18-20; 1996, ch. 675, § 17; 1999, ch. 453, §§ 1, 2; 2001, ch. 401, § 1; 2011 , ch. 410, § 3(f); 2012 , ch. 925, § 5.
(a) (1) (A) The department shall coordinate the services of child protective teams. At least one (1) child protective team shall be organized in each county. The district attorney general of each judicial district shall, by January 15 of each year, report to the judiciary committee of the senate and the civil justice committee of the house of representatives on the status of the teams in the district attorney general's district as required by this section, and the progress of the child protective teams that have been organized in the district attorney general's district. The department shall, with the cooperation of all statutorily authorized members of the child protective team, establish a procedure and format for data collection. The procedure and format developed shall include at a minimum the following information: (i) The number of reports received for investigation by type (i.e., sexual abuse, serious physical abuse, life-threatening neglect); (ii) The number of investigations initiated by type; (iii) The number of final dispositions of cases obtained in the current reporting year by type of disposition as follows: (a) Unsubstantiated, closed, no service; (b) Unsubstantiated, referred for non-custodial support services; (c) Substantiated, closed, no service; (d) Substantiated, service provided, no prosecution; (e) Substantiated, service provided, prosecution, acquittal; or (f) Substantiated, service provided, prosecution, conviction; (iv) Age, race, gender, and relationship to the victim of perpetrators identified in cases that are included in subdivisions (a)(1)(A)(iii)( c )-( f ); and (v) The type and amount of community-based support received by child protective teams through linkages with other local agencies and organizations and through monetary or in-kind, or both, donations. (B) Such data shall be reported by January 15 of each year to the judiciary committee of the senate and the civil justice committee of the house of representatives, along with a progress report on the teams and any recommendations for enhancement of the child sexual abuse or severe child abuse plan and program. (C) The district attorneys general conference, the administrative office of the courts, the Tennessee chapter of children's advocacy centers, the department, and law enforcement agencies may enter into data sharing agreements that allow for the sharing of information necessary to ensure compliance with reporting requirements under this section and § 9-4-213(a)(8) . Data shared pursuant to an agreement retains its confidential status, consistent with § 37-1-612 . (2) Each team must be composed of one (1) person from the department, one (1) representative from the office of the district attorney general, one (1) juvenile court officer or investigator from a court of competent jurisdiction, and one (1) properly trained law enforcement officer with countywide jurisdiction from the county where the child resides or where the alleged offense occurred. The team may also include a representative from one (1) of the mental health disciplines, a representative trained in child abuse from one (1) of the medical disciplines, and, for cases involving an allegation that a child is a victim of a human trafficking offense, a representative from one (1) non-governmental agency specialized in combatting the commercial sexual exploitation of minors. It is in the best interest of the child that, whenever possible, an initial investigation shall not be commenced unless all four (4) required disciplines are represented. An initial investigation may, however, be commenced if at least two (2) of the required team members are present at the initial investigation. In those geographical areas in which a child advocacy center meets the requirements of § 9-4-213(a) or (b) , child advocacy center directors, or their designees, must be members of the teams under this part and part 4 of this chapter for the purposes of provision of services and functions established by § 9-4-213 or delegated pursuant to that section. In such event, child advocacy center directors, or their designees, may access and generate all necessary information, which shall retain its confidential status, consistent with § 37-1-612 . (3) It is the intent of the general assembly that the child protective investigations be conducted by the team members in a manner that not only protects the child but that also preserves any evidence for future criminal prosecutions. It is essential, therefore, that all phases of the child protective investigation be appropriately conducted and that further investigations, as appropriate, be properly conducted and coordinated.
(1) (A) The department shall coordinate the services of child protective teams. At least one (1) child protective team shall be organized in each county. The district attorney general of each judicial district shall, by January 15 of each year, report to the judiciary committee of the senate and the civil justice committee of the house of representatives on the status of the teams in the district attorney general's district as required by this section, and the progress of the child protective teams that have been organized in the district attorney general's district. The department shall, with the cooperation of all statutorily authorized members of the child protective team, establish a procedure and format for data collection. The procedure and format developed shall include at a minimum the following information: (i) The number of reports received for investigation by type (i.e., sexual abuse, serious physical abuse, life-threatening neglect); (ii) The number of investigations initiated by type; (iii) The number of final dispositions of cases obtained in the current reporting year by type of disposition as follows: (a) Unsubstantiated, closed, no service; (b) Unsubstantiated, referred for non-custodial support services; (c) Substantiated, closed, no service; (d) Substantiated, service provided, no prosecution; (e) Substantiated, service provided, prosecution, acquittal; or (f) Substantiated, service provided, prosecution, conviction; (iv) Age, race, gender, and relationship to the victim of perpetrators identified in cases that are included in subdivisions (a)(1)(A)(iii)( c )-( f ); and (v) The type and amount of community-based support received by child protective teams through linkages with other local agencies and organizations and through monetary or in-kind, or both, donations. (B) Such data shall be reported by January 15 of each year to the judiciary committee of the senate and the civil justice committee of the house of representatives, along with a progress report on the teams and any recommendations for enhancement of the child sexual abuse or severe child abuse plan and program. (C) The district attorneys general conference, the administrative office of the courts, the Tennessee chapter of children's advocacy centers, the department, and law enforcement agencies may enter into data sharing agreements that allow for the sharing of information necessary to ensure compliance with reporting requirements under this section and § 9-4-213(a)(8) . Data shared pursuant to an agreement retains its confidential status, consistent with § 37-1-612 .
(A) The department shall coordinate the services of child protective teams. At least one (1) child protective team shall be organized in each county. The district attorney general of each judicial district shall, by January 15 of each year, report to the judiciary committee of the senate and the civil justice committee of the house of representatives on the status of the teams in the district attorney general's district as required by this section, and the progress of the child protective teams that have been organized in the district attorney general's district. The department shall, with the cooperation of all statutorily authorized members of the child protective team, establish a procedure and format for data collection. The procedure and format developed shall include at a minimum the following information: (i) The number of reports received for investigation by type (i.e., sexual abuse, serious physical abuse, life-threatening neglect); (ii) The number of investigations initiated by type; (iii) The number of final dispositions of cases obtained in the current reporting year by type of disposition as follows: (a) Unsubstantiated, closed, no service; (b) Unsubstantiated, referred for non-custodial support services; (c) Substantiated, closed, no service; (d) Substantiated, service provided, no prosecution; (e) Substantiated, service provided, prosecution, acquittal; or (f) Substantiated, service provided, prosecution, conviction; (iv) Age, race, gender, and relationship to the victim of perpetrators identified in cases that are included in subdivisions (a)(1)(A)(iii)( c )-( f ); and (v) The type and amount of community-based support received by child protective teams through linkages with other local agencies and organizations and through monetary or in-kind, or both, donations.
(i) The number of reports received for investigation by type (i.e., sexual abuse, serious physical abuse, life-threatening neglect);
(ii) The number of investigations initiated by type;
(iii) The number of final dispositions of cases obtained in the current reporting year by type of disposition as follows: (a) Unsubstantiated, closed, no service; (b) Unsubstantiated, referred for non-custodial support services; (c) Substantiated, closed, no service; (d) Substantiated, service provided, no prosecution; (e) Substantiated, service provided, prosecution, acquittal; or (f) Substantiated, service provided, prosecution, conviction;
(a) Unsubstantiated, closed, no service;
(b) Unsubstantiated, referred for non-custodial support services;
(c) Substantiated, closed, no service;
(d) Substantiated, service provided, no prosecution;
(e) Substantiated, service provided, prosecution, acquittal; or
(f) Substantiated, service provided, prosecution, conviction;
(iv) Age, race, gender, and relationship to the victim of perpetrators identified in cases that are included in subdivisions (a)(1)(A)(iii)( c )-( f ); and
(v) The type and amount of community-based support received by child protective teams through linkages with other local agencies and organizations and through monetary or in-kind, or both, donations.
(B) Such data shall be reported by January 15 of each year to the judiciary committee of the senate and the civil justice committee of the house of representatives, along with a progress report on the teams and any recommendations for enhancement of the child sexual abuse or severe child abuse plan and program.
(C) The district attorneys general conference, the administrative office of the courts, the Tennessee chapter of children's advocacy centers, the department, and law enforcement agencies may enter into data sharing agreements that allow for the sharing of information necessary to ensure compliance with reporting requirements under this section and § 9-4-213(a)(8) . Data shared pursuant to an agreement retains its confidential status, consistent with § 37-1-612 .
(2) Each team must be composed of one (1) person from the department, one (1) representative from the office of the district attorney general, one (1) juvenile court officer or investigator from a court of competent jurisdiction, and one (1) properly trained law enforcement officer with countywide jurisdiction from the county where the child resides or where the alleged offense occurred. The team may also include a representative from one (1) of the mental health disciplines, a representative trained in child abuse from one (1) of the medical disciplines, and, for cases involving an allegation that a child is a victim of a human trafficking offense, a representative from one (1) non-governmental agency specialized in combatting the commercial sexual exploitation of minors. It is in the best interest of the child that, whenever possible, an initial investigation shall not be commenced unless all four (4) required disciplines are represented. An initial investigation may, however, be commenced if at least two (2) of the required team members are present at the initial investigation. In those geographical areas in which a child advocacy center meets the requirements of § 9-4-213(a) or (b) , child advocacy center directors, or their designees, must be members of the teams under this part and part 4 of this chapter for the purposes of provision of services and functions established by § 9-4-213 or delegated pursuant to that section. In such event, child advocacy center directors, or their designees, may access and generate all necessary information, which shall retain its confidential status, consistent with § 37-1-612 .
(3) It is the intent of the general assembly that the child protective investigations be conducted by the team members in a manner that not only protects the child but that also preserves any evidence for future criminal prosecutions. It is essential, therefore, that all phases of the child protective investigation be appropriately conducted and that further investigations, as appropriate, be properly conducted and coordinated.
(b) (1) The department shall convene the appropriate child protective team when a report of child sexual abuse or severe child abuse has been received. Nothing in this section removes or reduces the duty and responsibility of any person to report all suspected or actual cases of child sexual abuse or severe child abuse. The role of the teams is to conduct child protective investigations of reported child sexual abuse and severe child abuse and to support and provide services to sexually abused children and severely abused children upon referral as deemed by the teams to be necessary and appropriate for such children. (2) (A) For each child sexual abuse report or severe child abuse report it receives, the department shall immediately notify the child protection investigation team, which shall commence an on-site child protective investigation. The team shall: (i) Determine the composition of the family or household, including the name, address, age, sex and race of each child named in the report; any siblings or other children in the same household or in the care of the same adults; the parents or other persons responsible for the child's welfare; and any other adults in the same household; (ii) Determine whether there is any indication that any child in the family or household is severely or sexually abused, including a determination of harm or threatened harm to each child; the nature and extent of present or prior injuries, or abuse, and any evidence thereof; and a determination as to the person or persons apparently responsible for the abuse; (iii) Determine the immediate and long-term risk to each child if the child remains in the existing home environment; (iv) Determine the protective, treatment and ameliorative services necessary to safeguard and ensure the child's well-being and development and, if possible, to preserve and stabilize family life; and (v) Determine the specialized, non-punitive services necessary to support the child in cases where there is an allegation that the child may be a victim of a human trafficking offense. (B) The team shall seek to interview the child in a neutral setting, other than where the alleged abuse occurred, whenever possible. (3) Immediately upon receipt of a report alleging, or immediately upon learning during the course of an investigation, that: (A) Child sexual abuse or severe child abuse has occurred; or (B) An observable injury or medically diagnosed internal injury occurred as a result of the sexual abuse or severe child abuse; the department shall orally notify the team, the appropriate district attorney general and the appropriate law enforcement agency whose criminal investigations shall be coordinated, whenever possible, with the child protective team investigation. In all cases, the team and the department shall make a full written report to the district attorney general within three (3) days of the oral report. If, as a result of an investigation, there is cause to believe a violation of title 39, chapter 17, part 10 has occurred, an appropriate report shall be filed by the district attorney general requesting an investigation by the Tennessee bureau of investigation. If independent criminal investigations are made, interviews with the victimized child shall be kept to an absolute minimum and, whenever possible, reference to the videotape or tapes made by the child protective teams should be utilized. (4) In addition to the requirements of this part, the provisions of § 37-1-406 shall apply to any investigation conducted hereunder. (5) As a result of its investigation, the team may recommend that criminal charges be filed against the alleged offender. Any interested person who has information regarding the offenses described in this subsection (b) may forward a statement to the district attorney general as to whether prosecution is warranted and appropriate. Within fifteen (15) days of the completion of the district attorney general's investigation, the district attorney general shall advise the department and the team whether or not prosecution is justified and appropriate in the district attorney general's opinion in view of the circumstances of the specific case.
(1) The department shall convene the appropriate child protective team when a report of child sexual abuse or severe child abuse has been received. Nothing in this section removes or reduces the duty and responsibility of any person to report all suspected or actual cases of child sexual abuse or severe child abuse. The role of the teams is to conduct child protective investigations of reported child sexual abuse and severe child abuse and to support and provide services to sexually abused children and severely abused children upon referral as deemed by the teams to be necessary and appropriate for such children.
(2) (A) For each child sexual abuse report or severe child abuse report it receives, the department shall immediately notify the child protection investigation team, which shall commence an on-site child protective investigation. The team shall: (i) Determine the composition of the family or household, including the name, address, age, sex and race of each child named in the report; any siblings or other children in the same household or in the care of the same adults; the parents or other persons responsible for the child's welfare; and any other adults in the same household; (ii) Determine whether there is any indication that any child in the family or household is severely or sexually abused, including a determination of harm or threatened harm to each child; the nature and extent of present or prior injuries, or abuse, and any evidence thereof; and a determination as to the person or persons apparently responsible for the abuse; (iii) Determine the immediate and long-term risk to each child if the child remains in the existing home environment; (iv) Determine the protective, treatment and ameliorative services necessary to safeguard and ensure the child's well-being and development and, if possible, to preserve and stabilize family life; and (v) Determine the specialized, non-punitive services necessary to support the child in cases where there is an allegation that the child may be a victim of a human trafficking offense. (B) The team shall seek to interview the child in a neutral setting, other than where the alleged abuse occurred, whenever possible.
(A) For each child sexual abuse report or severe child abuse report it receives, the department shall immediately notify the child protection investigation team, which shall commence an on-site child protective investigation. The team shall: (i) Determine the composition of the family or household, including the name, address, age, sex and race of each child named in the report; any siblings or other children in the same household or in the care of the same adults; the parents or other persons responsible for the child's welfare; and any other adults in the same household; (ii) Determine whether there is any indication that any child in the family or household is severely or sexually abused, including a determination of harm or threatened harm to each child; the nature and extent of present or prior injuries, or abuse, and any evidence thereof; and a determination as to the person or persons apparently responsible for the abuse; (iii) Determine the immediate and long-term risk to each child if the child remains in the existing home environment; (iv) Determine the protective, treatment and ameliorative services necessary to safeguard and ensure the child's well-being and development and, if possible, to preserve and stabilize family life; and (v) Determine the specialized, non-punitive services necessary to support the child in cases where there is an allegation that the child may be a victim of a human trafficking offense.
(i) Determine the composition of the family or household, including the name, address, age, sex and race of each child named in the report; any siblings or other children in the same household or in the care of the same adults; the parents or other persons responsible for the child's welfare; and any other adults in the same household;
(ii) Determine whether there is any indication that any child in the family or household is severely or sexually abused, including a determination of harm or threatened harm to each child; the nature and extent of present or prior injuries, or abuse, and any evidence thereof; and a determination as to the person or persons apparently responsible for the abuse;
(iii) Determine the immediate and long-term risk to each child if the child remains in the existing home environment;
(iv) Determine the protective, treatment and ameliorative services necessary to safeguard and ensure the child's well-being and development and, if possible, to preserve and stabilize family life; and
(v) Determine the specialized, non-punitive services necessary to support the child in cases where there is an allegation that the child may be a victim of a human trafficking offense.
(B) The team shall seek to interview the child in a neutral setting, other than where the alleged abuse occurred, whenever possible.
(3) Immediately upon receipt of a report alleging, or immediately upon learning during the course of an investigation, that: (A) Child sexual abuse or severe child abuse has occurred; or (B) An observable injury or medically diagnosed internal injury occurred as a result of the sexual abuse or severe child abuse; the department shall orally notify the team, the appropriate district attorney general and the appropriate law enforcement agency whose criminal investigations shall be coordinated, whenever possible, with the child protective team investigation. In all cases, the team and the department shall make a full written report to the district attorney general within three (3) days of the oral report. If, as a result of an investigation, there is cause to believe a violation of title 39, chapter 17, part 10 has occurred, an appropriate report shall be filed by the district attorney general requesting an investigation by the Tennessee bureau of investigation. If independent criminal investigations are made, interviews with the victimized child shall be kept to an absolute minimum and, whenever possible, reference to the videotape or tapes made by the child protective teams should be utilized.
(A) Child sexual abuse or severe child abuse has occurred; or
(B) An observable injury or medically diagnosed internal injury occurred as a result of the sexual abuse or severe child abuse; the department shall orally notify the team, the appropriate district attorney general and the appropriate law enforcement agency whose criminal investigations shall be coordinated, whenever possible, with the child protective team investigation. In all cases, the team and the department shall make a full written report to the district attorney general within three (3) days of the oral report. If, as a result of an investigation, there is cause to believe a violation of title 39, chapter 17, part 10 has occurred, an appropriate report shall be filed by the district attorney general requesting an investigation by the Tennessee bureau of investigation. If independent criminal investigations are made, interviews with the victimized child shall be kept to an absolute minimum and, whenever possible, reference to the videotape or tapes made by the child protective teams should be utilized.
the department shall orally notify the team, the appropriate district attorney general and the appropriate law enforcement agency whose criminal investigations shall be coordinated, whenever possible, with the child protective team investigation. In all cases, the team and the department shall make a full written report to the district attorney general within three (3) days of the oral report. If, as a result of an investigation, there is cause to believe a violation of title 39, chapter 17, part 10 has occurred, an appropriate report shall be filed by the district attorney general requesting an investigation by the Tennessee bureau of investigation. If independent criminal investigations are made, interviews with the victimized child shall be kept to an absolute minimum and, whenever possible, reference to the videotape or tapes made by the child protective teams should be utilized.
(4) In addition to the requirements of this part, the provisions of § 37-1-406 shall apply to any investigation conducted hereunder.
(5) As a result of its investigation, the team may recommend that criminal charges be filed against the alleged offender. Any interested person who has information regarding the offenses described in this subsection (b) may forward a statement to the district attorney general as to whether prosecution is warranted and appropriate. Within fifteen (15) days of the completion of the district attorney general's investigation, the district attorney general shall advise the department and the team whether or not prosecution is justified and appropriate in the district attorney general's opinion in view of the circumstances of the specific case.
(c) (1) The specialized diagnostic assessment, evaluation, coordination, consultation, and other supportive services that the team shall be capable of providing, to the extent funds are specifically appropriated therefor, or by referral shall be capable of obtaining for the protection of the child, include, but are not limited to, the following: (A) Telephone consultation services in emergencies and in other situations; (B) Medical evaluation related to the sexual abuse or severe child abuse; (C) Such psychological and psychiatric diagnosis and evaluation services for the child, siblings, parent or parents, guardian or guardians, or other care givers, or any other individual involved in a child sexual abuse or severe child abuse case, as a child protection team may determine to be needed; (D) Short-term psychological treatment. It is the intent of the general assembly that the department provide or refer a child whose case has been validated by the department, and the child's family, for short-term psychological treatment before the department may close its case. Such short-term treatment shall be limited to no more than six (6) months' duration after treatment is initiated, except that the commissioner may authorize such treatment for individual children beyond this limitation if the commissioner deems it appropriate; (E) Expert medical, psychological and related professional testimony in court cases; (F) Case staffings to develop, implement and monitor treatment plans for a child whose case has been validated by the department. In all such case staffings, consultations, or staff activities involving a child, at least one (1) member of the team involved in the initial investigation shall continue to monitor the progress and status of the child whenever possible and within the same geographic area; and (G) Case service coordination and assistance, including the location of services available from other public and private agencies in the community. (2) In all instances where a child protection team is providing or has obtained by referral certain services to sexually or severely abused children, other offices and units of the department shall avoid duplicating the provision of those services.
(1) The specialized diagnostic assessment, evaluation, coordination, consultation, and other supportive services that the team shall be capable of providing, to the extent funds are specifically appropriated therefor, or by referral shall be capable of obtaining for the protection of the child, include, but are not limited to, the following: (A) Telephone consultation services in emergencies and in other situations; (B) Medical evaluation related to the sexual abuse or severe child abuse; (C) Such psychological and psychiatric diagnosis and evaluation services for the child, siblings, parent or parents, guardian or guardians, or other care givers, or any other individual involved in a child sexual abuse or severe child abuse case, as a child protection team may determine to be needed; (D) Short-term psychological treatment. It is the intent of the general assembly that the department provide or refer a child whose case has been validated by the department, and the child's family, for short-term psychological treatment before the department may close its case. Such short-term treatment shall be limited to no more than six (6) months' duration after treatment is initiated, except that the commissioner may authorize such treatment for individual children beyond this limitation if the commissioner deems it appropriate; (E) Expert medical, psychological and related professional testimony in court cases; (F) Case staffings to develop, implement and monitor treatment plans for a child whose case has been validated by the department. In all such case staffings, consultations, or staff activities involving a child, at least one (1) member of the team involved in the initial investigation shall continue to monitor the progress and status of the child whenever possible and within the same geographic area; and (G) Case service coordination and assistance, including the location of services available from other public and private agencies in the community.
(A) Telephone consultation services in emergencies and in other situations;
(B) Medical evaluation related to the sexual abuse or severe child abuse;
(C) Such psychological and psychiatric diagnosis and evaluation services for the child, siblings, parent or parents, guardian or guardians, or other care givers, or any other individual involved in a child sexual abuse or severe child abuse case, as a child protection team may determine to be needed;
(D) Short-term psychological treatment. It is the intent of the general assembly that the department provide or refer a child whose case has been validated by the department, and the child's family, for short-term psychological treatment before the department may close its case. Such short-term treatment shall be limited to no more than six (6) months' duration after treatment is initiated, except that the commissioner may authorize such treatment for individual children beyond this limitation if the commissioner deems it appropriate;
(E) Expert medical, psychological and related professional testimony in court cases;
(F) Case staffings to develop, implement and monitor treatment plans for a child whose case has been validated by the department. In all such case staffings, consultations, or staff activities involving a child, at least one (1) member of the team involved in the initial investigation shall continue to monitor the progress and status of the child whenever possible and within the same geographic area; and
(G) Case service coordination and assistance, including the location of services available from other public and private agencies in the community.
(2) In all instances where a child protection team is providing or has obtained by referral certain services to sexually or severely abused children, other offices and units of the department shall avoid duplicating the provision of those services.
(d) As used in this section, "severe child abuse" has the same meaning as defined in § 37-1-102 .
Amended by 2024 Tenn. Acts, ch. 559,s 1, eff. 3/12/2024.
Amended by 2022 Tenn. Acts, ch. 1115, s 10, eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 1115, s 9, eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 915, Secs.s 1, s 2, s 3, s 4, s 5, s 6, s 7, s 8 eff. 4/27/2022.
Amended by 2022 Tenn. Acts, ch. 649, s 1, eff. 3/15/2022.
Amended by 2021 Tenn. Acts, ch. 64, s 26, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 345, s 36, eff. 5/10/2019.
Amended by 2013 Tenn. Acts, ch. 236, s 81, eff. 4/19/2013.
Acts 1985, ch. 478, § 8; 1987, ch. 145, §§ 3, 5; T.C.A., § 37-1-606(a)(2), (4) ; Acts 1988, ch. 953, §§ 9, 18-20; 1996, ch. 675, § 17; 1999, ch. 453, §§ 1, 2; 2001, ch. 401, § 1; 2011 , ch. 410, § 3(f); 2012 , ch. 925, § 5.
Tenn. Code Ann. § 37-1-107 — TN Code / Title 37 / Chapter 1 / Section 37-1-107
Magistrates
Status: in_force

(a) (1) The judge of the juvenile court may appoint one (1) or more suitable persons to act as magistrates at the pleasure of the judge. A magistrate shall be a member of the bar and may qualify and shall hold office at the pleasure of the judge. The compensation of a magistrate shall be fixed by the judge with the approval of the county legislative body or the pertinent governing body, and paid from public funds. (2) In any county with a population of not less than seventy-one thousand three hundred (71,300) nor more than seventy-one thousand four hundred (71,400), according to the 2000 federal census or any subsequent federal census, the child support magistrate appointed to serve the chancery court shall also serve the juvenile court. (b) The judge may direct that any case or class of cases over which the juvenile court has jurisdiction shall be heard in the first instance by the magistrate. These cases shall be conducted in the same manner as cases heard by the judge. In the conduct of the proceedings, the magistrate shall have the powers of a judge and shall have the same authority as the judge to issue any and all process. (c) Upon conclusion of the hearing, the magistrate shall file an order containing written findings of fact, conclusions of law, and recommendations. The magistrate shall also inform each party of the right to request a review by the juvenile court judge, the time limits within which a request for a review must be perfected, and the manner in which to perfect the request for a review. (d) (1) (A) A party may, within ten (10) days after entry of the magistrate's order, file with the court a written request for a review of the record by the juvenile court judge. The request must include written exceptions to the magistrate's findings, conclusions, or recommendations, and specify the findings to which the party objects, the grounds for the objection, and the party's proposed findings, conclusions, or recommendations. (B) The juvenile court judge shall not grant a review when the party requesting the review did not participate in the hearing before the magistrate in good faith. (C) A review by the juvenile court judge is not a hearing and is limited to those matters for which exceptions have been filed. (D) The juvenile court judge shall afford the magistrate's findings, conclusions, and recommendations a presumption of correctness. The judge shall modify the magistrate's findings only when, after review, the judge makes a written finding that an abuse of discretion exists in any or all of the magistrate's findings, conclusions, or recommendations. (E) The judge shall issue written findings, conclusions, or recommendations, or may schedule the matter for a new hearing of any issues the judge deems necessary, with notice to all parties. (2) Notwithstanding subdivision (d)(1), no later than ten (10) days after the entry of the magistrate's order, the judge may, on the judge's own initiative, order a new hearing of any matter heard before a magistrate. (3) If a child pleads guilty or no contest before a magistrate in a delinquency or unruly proceeding, then the child waives the right to request a review by the juvenile court judge, and the judge shall not order an adjudicatory hearing or review in such proceeding. If the plea includes an agreement as to disposition, then the child also waives the right to request a review before the judge regarding disposition, and the judge shall not order a hearing or review in such proceeding. (4) This section does not alter the court's jurisdiction to hear post-dispositional issues, including, but not limited to, judicial reviews or collateral challenges. (5) If a delinquency or unruly petition is dismissed by the magistrate after a hearing on the merits, then there is no right to a hearing or review. (6) Unless the judge orders otherwise, the order of the magistrate is the order of the court pending any review or hearing. (e) If no review before the judge is requested, or a review is expressly waived by all parties within the specified time period, then the magistrate's order becomes the order of the court. A party may appeal the order pursuant to § 37-1-159 . (f) Any hearing by a magistrate on any preliminary matter shall be final and not reviewable by the judge of the juvenile court, except on the court's own initiative. The setting of bond in detention hearings and any matter that is a final adjudication of a child shall not be construed to be preliminary matters under this section and are reviewable by the judge of the juvenile court upon request or upon the court's own initiative, except as provided in this section. (g) All parties to the hearing before the magistrate are parties to any review conducted by the judge or any hearing that may be set by the judge following the review. Amended by 2023 Tenn. Acts, ch. 241, s 2, eff. 4/25/2023. Amended by 2023 Tenn. Acts, ch. 241, s 1, eff. 4/25/2023. Amended by 2019 Tenn. Acts, ch. 312, s 1, eff. 5/8/2019. Amended by 2016 Tenn. Acts, ch. 716, s 1, eff. 7/1/2016. Acts 1975, ch. 256, §§ 2-5; 1981, ch. 458, § 1; 1983, ch. 88, § 1; 1983, ch. 254, § 2; T.C.A., § 37-207; Acts 1999, ch. 393, §§ 1, 2; 2008 , ch. 646, § 1; 2009 , ch. 235, § 1.
(a) (1) The judge of the juvenile court may appoint one (1) or more suitable persons to act as magistrates at the pleasure of the judge. A magistrate shall be a member of the bar and may qualify and shall hold office at the pleasure of the judge. The compensation of a magistrate shall be fixed by the judge with the approval of the county legislative body or the pertinent governing body, and paid from public funds. (2) In any county with a population of not less than seventy-one thousand three hundred (71,300) nor more than seventy-one thousand four hundred (71,400), according to the 2000 federal census or any subsequent federal census, the child support magistrate appointed to serve the chancery court shall also serve the juvenile court.
(1) The judge of the juvenile court may appoint one (1) or more suitable persons to act as magistrates at the pleasure of the judge. A magistrate shall be a member of the bar and may qualify and shall hold office at the pleasure of the judge. The compensation of a magistrate shall be fixed by the judge with the approval of the county legislative body or the pertinent governing body, and paid from public funds.
(2) In any county with a population of not less than seventy-one thousand three hundred (71,300) nor more than seventy-one thousand four hundred (71,400), according to the 2000 federal census or any subsequent federal census, the child support magistrate appointed to serve the chancery court shall also serve the juvenile court.
(b) The judge may direct that any case or class of cases over which the juvenile court has jurisdiction shall be heard in the first instance by the magistrate. These cases shall be conducted in the same manner as cases heard by the judge. In the conduct of the proceedings, the magistrate shall have the powers of a judge and shall have the same authority as the judge to issue any and all process.
(c) Upon conclusion of the hearing, the magistrate shall file an order containing written findings of fact, conclusions of law, and recommendations. The magistrate shall also inform each party of the right to request a review by the juvenile court judge, the time limits within which a request for a review must be perfected, and the manner in which to perfect the request for a review.
(d) (1) (A) A party may, within ten (10) days after entry of the magistrate's order, file with the court a written request for a review of the record by the juvenile court judge. The request must include written exceptions to the magistrate's findings, conclusions, or recommendations, and specify the findings to which the party objects, the grounds for the objection, and the party's proposed findings, conclusions, or recommendations. (B) The juvenile court judge shall not grant a review when the party requesting the review did not participate in the hearing before the magistrate in good faith. (C) A review by the juvenile court judge is not a hearing and is limited to those matters for which exceptions have been filed. (D) The juvenile court judge shall afford the magistrate's findings, conclusions, and recommendations a presumption of correctness. The judge shall modify the magistrate's findings only when, after review, the judge makes a written finding that an abuse of discretion exists in any or all of the magistrate's findings, conclusions, or recommendations. (E) The judge shall issue written findings, conclusions, or recommendations, or may schedule the matter for a new hearing of any issues the judge deems necessary, with notice to all parties. (2) Notwithstanding subdivision (d)(1), no later than ten (10) days after the entry of the magistrate's order, the judge may, on the judge's own initiative, order a new hearing of any matter heard before a magistrate. (3) If a child pleads guilty or no contest before a magistrate in a delinquency or unruly proceeding, then the child waives the right to request a review by the juvenile court judge, and the judge shall not order an adjudicatory hearing or review in such proceeding. If the plea includes an agreement as to disposition, then the child also waives the right to request a review before the judge regarding disposition, and the judge shall not order a hearing or review in such proceeding. (4) This section does not alter the court's jurisdiction to hear post-dispositional issues, including, but not limited to, judicial reviews or collateral challenges. (5) If a delinquency or unruly petition is dismissed by the magistrate after a hearing on the merits, then there is no right to a hearing or review. (6) Unless the judge orders otherwise, the order of the magistrate is the order of the court pending any review or hearing.
(1) (A) A party may, within ten (10) days after entry of the magistrate's order, file with the court a written request for a review of the record by the juvenile court judge. The request must include written exceptions to the magistrate's findings, conclusions, or recommendations, and specify the findings to which the party objects, the grounds for the objection, and the party's proposed findings, conclusions, or recommendations. (B) The juvenile court judge shall not grant a review when the party requesting the review did not participate in the hearing before the magistrate in good faith. (C) A review by the juvenile court judge is not a hearing and is limited to those matters for which exceptions have been filed. (D) The juvenile court judge shall afford the magistrate's findings, conclusions, and recommendations a presumption of correctness. The judge shall modify the magistrate's findings only when, after review, the judge makes a written finding that an abuse of discretion exists in any or all of the magistrate's findings, conclusions, or recommendations. (E) The judge shall issue written findings, conclusions, or recommendations, or may schedule the matter for a new hearing of any issues the judge deems necessary, with notice to all parties.
(A) A party may, within ten (10) days after entry of the magistrate's order, file with the court a written request for a review of the record by the juvenile court judge. The request must include written exceptions to the magistrate's findings, conclusions, or recommendations, and specify the findings to which the party objects, the grounds for the objection, and the party's proposed findings, conclusions, or recommendations.
(B) The juvenile court judge shall not grant a review when the party requesting the review did not participate in the hearing before the magistrate in good faith.
(C) A review by the juvenile court judge is not a hearing and is limited to those matters for which exceptions have been filed.
(D) The juvenile court judge shall afford the magistrate's findings, conclusions, and recommendations a presumption of correctness. The judge shall modify the magistrate's findings only when, after review, the judge makes a written finding that an abuse of discretion exists in any or all of the magistrate's findings, conclusions, or recommendations.
(E) The judge shall issue written findings, conclusions, or recommendations, or may schedule the matter for a new hearing of any issues the judge deems necessary, with notice to all parties.
(2) Notwithstanding subdivision (d)(1), no later than ten (10) days after the entry of the magistrate's order, the judge may, on the judge's own initiative, order a new hearing of any matter heard before a magistrate.
(3) If a child pleads guilty or no contest before a magistrate in a delinquency or unruly proceeding, then the child waives the right to request a review by the juvenile court judge, and the judge shall not order an adjudicatory hearing or review in such proceeding. If the plea includes an agreement as to disposition, then the child also waives the right to request a review before the judge regarding disposition, and the judge shall not order a hearing or review in such proceeding.
(4) This section does not alter the court's jurisdiction to hear post-dispositional issues, including, but not limited to, judicial reviews or collateral challenges.
(5) If a delinquency or unruly petition is dismissed by the magistrate after a hearing on the merits, then there is no right to a hearing or review.
(6) Unless the judge orders otherwise, the order of the magistrate is the order of the court pending any review or hearing.
(e) If no review before the judge is requested, or a review is expressly waived by all parties within the specified time period, then the magistrate's order becomes the order of the court. A party may appeal the order pursuant to § 37-1-159 .
(f) Any hearing by a magistrate on any preliminary matter shall be final and not reviewable by the judge of the juvenile court, except on the court's own initiative. The setting of bond in detention hearings and any matter that is a final adjudication of a child shall not be construed to be preliminary matters under this section and are reviewable by the judge of the juvenile court upon request or upon the court's own initiative, except as provided in this section.
(g) All parties to the hearing before the magistrate are parties to any review conducted by the judge or any hearing that may be set by the judge following the review.
Amended by 2023 Tenn. Acts, ch. 241, s 2, eff. 4/25/2023.
Amended by 2023 Tenn. Acts, ch. 241, s 1, eff. 4/25/2023.
Amended by 2019 Tenn. Acts, ch. 312, s 1, eff. 5/8/2019.
Amended by 2016 Tenn. Acts, ch. 716, s 1, eff. 7/1/2016.
Acts 1975, ch. 256, §§ 2-5; 1981, ch. 458, § 1; 1983, ch. 88, § 1; 1983, ch. 254, § 2; T.C.A., § 37-207; Acts 1999, ch. 393, §§ 1, 2; 2008 , ch. 646, § 1; 2009 , ch. 235, § 1.
Tenn. Code Ann. § 37-1-602 — TN Code / Title 37 / Chapter 1 / Section 37-1-602
Part definitions - Harm to child's health or welfare
Status: in_force

(a) For purposes of this part and §§ 8-7-109 , 37-1-152 , 37-1-403 , 37-1-406 , 37-1-413 and 49-7-117 , unless the context otherwise requires: (1) "Child care agency" is as defined in §§ 71-3-501 and 37-5-501 ; (2) "Child protection team" means the investigation team created by § 37-1-607 ; (3) (A) "Child sexual abuse" means the commission of any act involving the unlawful sexual abuse, molestation, fondling or carnal knowledge of a child under thirteen (13) years of age that prior to November 1, 1989, constituted the criminal offense of: (i) Aggravated rape under [former] § 39-2-603 [repealed]; (ii) Aggravated sexual battery under [former] § 39-2-606 [repealed]; (iii) Assault with intent to commit rape or attempt to commit rape or sexual battery under [former] § 39-2-608 [repealed]; (iv) Begetting child on wife's sister under [former] § 39-4-307 [repealed]; (v) Crimes against nature under [former] § 39-2-612 [repealed]; (vi) Incest under [former] § 39-4-306 [repealed]; (vii) Promotion of performance including sexual conduct by minor under [former] § 39-6-1138 [repealed]; (viii) Rape under [former] § 39-2-604 [repealed]; (ix) Sexual battery under [former] § 39-2-607 [repealed]; or (x) Use of minor for obscene purposes under [former] § 39-6-1137 [repealed]; (B) "Child sexual abuse" also means the commission of any act involving the unlawful sexual abuse, molestation, fondling or carnal knowledge of a child under thirteen (13) years of age that on or after November 1, 1989, constituted the criminal offense of: (i) Aggravated rape under § 39-13-502 ; (ii) Aggravated sexual battery under § 39-13-504 ; (iii) Aggravated sexual exploitation of a minor under § 39-17-1004 ; (iv) Criminal attempt as provided in § 39-12-101 for any of the offenses in (a)(3)(B)(i)-(iii); (v) Especially aggravated sexual exploitation of a minor under § 39-17-1005 ; (vi) Incest under § 39-15-302 ; (vii) Rape under § 39-13-503 ; (viii) Sexual battery under § 39-13-505 ; or (ix) Sexual exploitation of a minor under § 39-17-1003 ; (C) "Child sexual abuse" also means one (1) or more of the following acts: (i) Any penetration, however slight, of the vagina or anal opening of one (1) person by the penis of another person, whether or not there is the emission of semen; (ii) Any contact between the genitals or anal opening of one (1) person and the mouth or tongue of another person; (iii) Any intrusion by one (1) person into the genitals or anal opening of another person, including the use of any object for this purpose, except that it shall not include acts intended for a valid medical purpose; (iv) The intentional touching of the genitals or intimate parts, including the breasts, genital area, groin, inner thighs, and buttocks, or the clothing covering them, of either the child or the perpetrator, except that it shall not include: (a) Acts that may reasonably be construed to be normal caretaker responsibilities, interactions with, or affection for a child; or (b) Acts intended for a valid medical purpose; (v) The intentional exposure of the perpetrator's genitals in the presence of a child, or any other sexual act intentionally perpetrated in the presence of a child, if such exposure or sexual act is for the purpose of sexual arousal or gratification, aggression, degradation, or other similar purpose; (vi) The sexual exploitation of a child, which includes allowing, encouraging, or forcing a child to: (a) Solicit for or engage in prostitution; or (b) Engage in an act prohibited by § 39-17-1003 ; (vii) The commission of any act towards the child prohibited by § 39-13-309 ; and (D) For the purposes of the reporting, investigation, and treatment provisions of §§ 37-1-603 - 37-1-615 "child sexual abuse" also means the commission of any act specified in subdivisions (a)(3)(A)-(C) against a child thirteen (13) years of age through seventeen (17) years of age if such act is committed against the child by a parent, guardian, relative, person residing in the child's home, or other person responsible for the care and custody of the child; (4) "Department" means the department of children's services; (5) "Guardian ad litem" means a responsible adult who is appointed by the court to represent the best interests of a child in a proceeding as provided for by law, who shall be a party to any judicial proceeding as a representative of the child, and who shall serve until discharged by the court; (6) "Institutional child sexual abuse" means situations of known or suspected child sexual abuse in which the person allegedly perpetrating the child sexual abuse is an employee of a public or private child care agency, public or private school, or any other person responsible for the child's care; (7) "Mental injury" means an injury to the intellectual or psychological capacity of a child as evidenced by a discernible and substantial impairment in the child's ability to function within the child's normal range of performance and behavior, with due regard to the child's culture; and (8) "Other person responsible for a child's care or welfare" includes, but is not limited to, the child's legal guardian, legal custodian, or foster parent; an employee of a public or private child care agency, public or private school; or any other person legally responsible for the child's welfare in a residential setting. (b) Harm to a child's health or welfare can occur when the parent or other person responsible for the child's welfare: (1) Commits, or allows to be committed, child sexual abuse as defined in subdivisions (a)(3)(A)-(C); or (2) Exploits a child under eighteen (18) years of age, or allows such child to be exploited, as provided in §§ 39-17-1003 - 39-17-1005. Amended by 2017 Tenn. Acts, ch. 292, s 3, eff. 7/1/2017. Acts 1985, ch. 478, § 3; 1988, ch. 953, § 12; 1996, ch. 1079, § 73; 2000, ch. 981, §§ 51, 55; 2008 , ch. 893, §§ 1, 2.
(a) For purposes of this part and §§ 8-7-109 , 37-1-152 , 37-1-403 , 37-1-406 , 37-1-413 and 49-7-117 , unless the context otherwise requires: (1) "Child care agency" is as defined in §§ 71-3-501 and 37-5-501 ; (2) "Child protection team" means the investigation team created by § 37-1-607 ; (3) (A) "Child sexual abuse" means the commission of any act involving the unlawful sexual abuse, molestation, fondling or carnal knowledge of a child under thirteen (13) years of age that prior to November 1, 1989, constituted the criminal offense of: (i) Aggravated rape under [former] § 39-2-603 [repealed]; (ii) Aggravated sexual battery under [former] § 39-2-606 [repealed]; (iii) Assault with intent to commit rape or attempt to commit rape or sexual battery under [former] § 39-2-608 [repealed]; (iv) Begetting child on wife's sister under [former] § 39-4-307 [repealed]; (v) Crimes against nature under [former] § 39-2-612 [repealed]; (vi) Incest under [former] § 39-4-306 [repealed]; (vii) Promotion of performance including sexual conduct by minor under [former] § 39-6-1138 [repealed]; (viii) Rape under [former] § 39-2-604 [repealed]; (ix) Sexual battery under [former] § 39-2-607 [repealed]; or (x) Use of minor for obscene purposes under [former] § 39-6-1137 [repealed]; (B) "Child sexual abuse" also means the commission of any act involving the unlawful sexual abuse, molestation, fondling or carnal knowledge of a child under thirteen (13) years of age that on or after November 1, 1989, constituted the criminal offense of: (i) Aggravated rape under § 39-13-502 ; (ii) Aggravated sexual battery under § 39-13-504 ; (iii) Aggravated sexual exploitation of a minor under § 39-17-1004 ; (iv) Criminal attempt as provided in § 39-12-101 for any of the offenses in (a)(3)(B)(i)-(iii); (v) Especially aggravated sexual exploitation of a minor under § 39-17-1005 ; (vi) Incest under § 39-15-302 ; (vii) Rape under § 39-13-503 ; (viii) Sexual battery under § 39-13-505 ; or (ix) Sexual exploitation of a minor under § 39-17-1003 ; (C) "Child sexual abuse" also means one (1) or more of the following acts: (i) Any penetration, however slight, of the vagina or anal opening of one (1) person by the penis of another person, whether or not there is the emission of semen; (ii) Any contact between the genitals or anal opening of one (1) person and the mouth or tongue of another person; (iii) Any intrusion by one (1) person into the genitals or anal opening of another person, including the use of any object for this purpose, except that it shall not include acts intended for a valid medical purpose; (iv) The intentional touching of the genitals or intimate parts, including the breasts, genital area, groin, inner thighs, and buttocks, or the clothing covering them, of either the child or the perpetrator, except that it shall not include: (a) Acts that may reasonably be construed to be normal caretaker responsibilities, interactions with, or affection for a child; or (b) Acts intended for a valid medical purpose; (v) The intentional exposure of the perpetrator's genitals in the presence of a child, or any other sexual act intentionally perpetrated in the presence of a child, if such exposure or sexual act is for the purpose of sexual arousal or gratification, aggression, degradation, or other similar purpose; (vi) The sexual exploitation of a child, which includes allowing, encouraging, or forcing a child to: (a) Solicit for or engage in prostitution; or (b) Engage in an act prohibited by § 39-17-1003 ; (vii) The commission of any act towards the child prohibited by § 39-13-309 ; and (D) For the purposes of the reporting, investigation, and treatment provisions of §§ 37-1-603 - 37-1-615 "child sexual abuse" also means the commission of any act specified in subdivisions (a)(3)(A)-(C) against a child thirteen (13) years of age through seventeen (17) years of age if such act is committed against the child by a parent, guardian, relative, person residing in the child's home, or other person responsible for the care and custody of the child; (4) "Department" means the department of children's services; (5) "Guardian ad litem" means a responsible adult who is appointed by the court to represent the best interests of a child in a proceeding as provided for by law, who shall be a party to any judicial proceeding as a representative of the child, and who shall serve until discharged by the court; (6) "Institutional child sexual abuse" means situations of known or suspected child sexual abuse in which the person allegedly perpetrating the child sexual abuse is an employee of a public or private child care agency, public or private school, or any other person responsible for the child's care; (7) "Mental injury" means an injury to the intellectual or psychological capacity of a child as evidenced by a discernible and substantial impairment in the child's ability to function within the child's normal range of performance and behavior, with due regard to the child's culture; and (8) "Other person responsible for a child's care or welfare" includes, but is not limited to, the child's legal guardian, legal custodian, or foster parent; an employee of a public or private child care agency, public or private school; or any other person legally responsible for the child's welfare in a residential setting.
(1) "Child care agency" is as defined in §§ 71-3-501 and 37-5-501 ;
(2) "Child protection team" means the investigation team created by § 37-1-607 ;
(3) (A) "Child sexual abuse" means the commission of any act involving the unlawful sexual abuse, molestation, fondling or carnal knowledge of a child under thirteen (13) years of age that prior to November 1, 1989, constituted the criminal offense of: (i) Aggravated rape under [former] § 39-2-603 [repealed]; (ii) Aggravated sexual battery under [former] § 39-2-606 [repealed]; (iii) Assault with intent to commit rape or attempt to commit rape or sexual battery under [former] § 39-2-608 [repealed]; (iv) Begetting child on wife's sister under [former] § 39-4-307 [repealed]; (v) Crimes against nature under [former] § 39-2-612 [repealed]; (vi) Incest under [former] § 39-4-306 [repealed]; (vii) Promotion of performance including sexual conduct by minor under [former] § 39-6-1138 [repealed]; (viii) Rape under [former] § 39-2-604 [repealed]; (ix) Sexual battery under [former] § 39-2-607 [repealed]; or (x) Use of minor for obscene purposes under [former] § 39-6-1137 [repealed]; (B) "Child sexual abuse" also means the commission of any act involving the unlawful sexual abuse, molestation, fondling or carnal knowledge of a child under thirteen (13) years of age that on or after November 1, 1989, constituted the criminal offense of: (i) Aggravated rape under § 39-13-502 ; (ii) Aggravated sexual battery under § 39-13-504 ; (iii) Aggravated sexual exploitation of a minor under § 39-17-1004 ; (iv) Criminal attempt as provided in § 39-12-101 for any of the offenses in (a)(3)(B)(i)-(iii); (v) Especially aggravated sexual exploitation of a minor under § 39-17-1005 ; (vi) Incest under § 39-15-302 ; (vii) Rape under § 39-13-503 ; (viii) Sexual battery under § 39-13-505 ; or (ix) Sexual exploitation of a minor under § 39-17-1003 ; (C) "Child sexual abuse" also means one (1) or more of the following acts: (i) Any penetration, however slight, of the vagina or anal opening of one (1) person by the penis of another person, whether or not there is the emission of semen; (ii) Any contact between the genitals or anal opening of one (1) person and the mouth or tongue of another person; (iii) Any intrusion by one (1) person into the genitals or anal opening of another person, including the use of any object for this purpose, except that it shall not include acts intended for a valid medical purpose; (iv) The intentional touching of the genitals or intimate parts, including the breasts, genital area, groin, inner thighs, and buttocks, or the clothing covering them, of either the child or the perpetrator, except that it shall not include: (a) Acts that may reasonably be construed to be normal caretaker responsibilities, interactions with, or affection for a child; or (b) Acts intended for a valid medical purpose; (v) The intentional exposure of the perpetrator's genitals in the presence of a child, or any other sexual act intentionally perpetrated in the presence of a child, if such exposure or sexual act is for the purpose of sexual arousal or gratification, aggression, degradation, or other similar purpose; (vi) The sexual exploitation of a child, which includes allowing, encouraging, or forcing a child to: (a) Solicit for or engage in prostitution; or (b) Engage in an act prohibited by § 39-17-1003 ; (vii) The commission of any act towards the child prohibited by § 39-13-309 ; and (D) For the purposes of the reporting, investigation, and treatment provisions of §§ 37-1-603 - 37-1-615 "child sexual abuse" also means the commission of any act specified in subdivisions (a)(3)(A)-(C) against a child thirteen (13) years of age through seventeen (17) years of age if such act is committed against the child by a parent, guardian, relative, person residing in the child's home, or other person responsible for the care and custody of the child;
(A) "Child sexual abuse" means the commission of any act involving the unlawful sexual abuse, molestation, fondling or carnal knowledge of a child under thirteen (13) years of age that prior to November 1, 1989, constituted the criminal offense of: (i) Aggravated rape under [former] § 39-2-603 [repealed]; (ii) Aggravated sexual battery under [former] § 39-2-606 [repealed]; (iii) Assault with intent to commit rape or attempt to commit rape or sexual battery under [former] § 39-2-608 [repealed]; (iv) Begetting child on wife's sister under [former] § 39-4-307 [repealed]; (v) Crimes against nature under [former] § 39-2-612 [repealed]; (vi) Incest under [former] § 39-4-306 [repealed]; (vii) Promotion of performance including sexual conduct by minor under [former] § 39-6-1138 [repealed]; (viii) Rape under [former] § 39-2-604 [repealed]; (ix) Sexual battery under [former] § 39-2-607 [repealed]; or (x) Use of minor for obscene purposes under [former] § 39-6-1137 [repealed];
(i) Aggravated rape under [former] § 39-2-603 [repealed];
(ii) Aggravated sexual battery under [former] § 39-2-606 [repealed];
(iii) Assault with intent to commit rape or attempt to commit rape or sexual battery under [former] § 39-2-608 [repealed];
(iv) Begetting child on wife's sister under [former] § 39-4-307 [repealed];
(v) Crimes against nature under [former] § 39-2-612 [repealed];
(vi) Incest under [former] § 39-4-306 [repealed];
(vii) Promotion of performance including sexual conduct by minor under [former] § 39-6-1138 [repealed];
(viii) Rape under [former] § 39-2-604 [repealed];
(ix) Sexual battery under [former] § 39-2-607 [repealed]; or
(x) Use of minor for obscene purposes under [former] § 39-6-1137 [repealed];
(B) "Child sexual abuse" also means the commission of any act involving the unlawful sexual abuse, molestation, fondling or carnal knowledge of a child under thirteen (13) years of age that on or after November 1, 1989, constituted the criminal offense of: (i) Aggravated rape under § 39-13-502 ; (ii) Aggravated sexual battery under § 39-13-504 ; (iii) Aggravated sexual exploitation of a minor under § 39-17-1004 ; (iv) Criminal attempt as provided in § 39-12-101 for any of the offenses in (a)(3)(B)(i)-(iii); (v) Especially aggravated sexual exploitation of a minor under § 39-17-1005 ; (vi) Incest under § 39-15-302 ; (vii) Rape under § 39-13-503 ; (viii) Sexual battery under § 39-13-505 ; or (ix) Sexual exploitation of a minor under § 39-17-1003 ;
(i) Aggravated rape under § 39-13-502 ;
(ii) Aggravated sexual battery under § 39-13-504 ;
(iii) Aggravated sexual exploitation of a minor under § 39-17-1004 ;
(iv) Criminal attempt as provided in § 39-12-101 for any of the offenses in (a)(3)(B)(i)-(iii);
(v) Especially aggravated sexual exploitation of a minor under § 39-17-1005 ;
(vi) Incest under § 39-15-302 ;
(vii) Rape under § 39-13-503 ;
(viii) Sexual battery under § 39-13-505 ; or
(ix) Sexual exploitation of a minor under § 39-17-1003 ;
(C) "Child sexual abuse" also means one (1) or more of the following acts: (i) Any penetration, however slight, of the vagina or anal opening of one (1) person by the penis of another person, whether or not there is the emission of semen; (ii) Any contact between the genitals or anal opening of one (1) person and the mouth or tongue of another person; (iii) Any intrusion by one (1) person into the genitals or anal opening of another person, including the use of any object for this purpose, except that it shall not include acts intended for a valid medical purpose; (iv) The intentional touching of the genitals or intimate parts, including the breasts, genital area, groin, inner thighs, and buttocks, or the clothing covering them, of either the child or the perpetrator, except that it shall not include: (a) Acts that may reasonably be construed to be normal caretaker responsibilities, interactions with, or affection for a child; or (b) Acts intended for a valid medical purpose; (v) The intentional exposure of the perpetrator's genitals in the presence of a child, or any other sexual act intentionally perpetrated in the presence of a child, if such exposure or sexual act is for the purpose of sexual arousal or gratification, aggression, degradation, or other similar purpose; (vi) The sexual exploitation of a child, which includes allowing, encouraging, or forcing a child to: (a) Solicit for or engage in prostitution; or (b) Engage in an act prohibited by § 39-17-1003 ; (vii) The commission of any act towards the child prohibited by § 39-13-309 ; and
(i) Any penetration, however slight, of the vagina or anal opening of one (1) person by the penis of another person, whether or not there is the emission of semen;
(ii) Any contact between the genitals or anal opening of one (1) person and the mouth or tongue of another person;
(iii) Any intrusion by one (1) person into the genitals or anal opening of another person, including the use of any object for this purpose, except that it shall not include acts intended for a valid medical purpose;
(iv) The intentional touching of the genitals or intimate parts, including the breasts, genital area, groin, inner thighs, and buttocks, or the clothing covering them, of either the child or the perpetrator, except that it shall not include: (a) Acts that may reasonably be construed to be normal caretaker responsibilities, interactions with, or affection for a child; or (b) Acts intended for a valid medical purpose;
(a) Acts that may reasonably be construed to be normal caretaker responsibilities, interactions with, or affection for a child; or
(b) Acts intended for a valid medical purpose;
(v) The intentional exposure of the perpetrator's genitals in the presence of a child, or any other sexual act intentionally perpetrated in the presence of a child, if such exposure or sexual act is for the purpose of sexual arousal or gratification, aggression, degradation, or other similar purpose;
(vi) The sexual exploitation of a child, which includes allowing, encouraging, or forcing a child to: (a) Solicit for or engage in prostitution; or (b) Engage in an act prohibited by § 39-17-1003 ;
(a) Solicit for or engage in prostitution; or
(b) Engage in an act prohibited by § 39-17-1003 ;
(vii) The commission of any act towards the child prohibited by § 39-13-309 ; and
(D) For the purposes of the reporting, investigation, and treatment provisions of §§ 37-1-603 - 37-1-615 "child sexual abuse" also means the commission of any act specified in subdivisions (a)(3)(A)-(C) against a child thirteen (13) years of age through seventeen (17) years of age if such act is committed against the child by a parent, guardian, relative, person residing in the child's home, or other person responsible for the care and custody of the child;
(4) "Department" means the department of children's services;
(5) "Guardian ad litem" means a responsible adult who is appointed by the court to represent the best interests of a child in a proceeding as provided for by law, who shall be a party to any judicial proceeding as a representative of the child, and who shall serve until discharged by the court;
(6) "Institutional child sexual abuse" means situations of known or suspected child sexual abuse in which the person allegedly perpetrating the child sexual abuse is an employee of a public or private child care agency, public or private school, or any other person responsible for the child's care;
(7) "Mental injury" means an injury to the intellectual or psychological capacity of a child as evidenced by a discernible and substantial impairment in the child's ability to function within the child's normal range of performance and behavior, with due regard to the child's culture; and
(8) "Other person responsible for a child's care or welfare" includes, but is not limited to, the child's legal guardian, legal custodian, or foster parent; an employee of a public or private child care agency, public or private school; or any other person legally responsible for the child's welfare in a residential setting.
(b) Harm to a child's health or welfare can occur when the parent or other person responsible for the child's welfare: (1) Commits, or allows to be committed, child sexual abuse as defined in subdivisions (a)(3)(A)-(C); or (2) Exploits a child under eighteen (18) years of age, or allows such child to be exploited, as provided in §§ 39-17-1003 - 39-17-1005.
(1) Commits, or allows to be committed, child sexual abuse as defined in subdivisions (a)(3)(A)-(C); or
(2) Exploits a child under eighteen (18) years of age, or allows such child to be exploited, as provided in §§ 39-17-1003 - 39-17-1005.
Amended by 2017 Tenn. Acts, ch. 292, s 3, eff. 7/1/2017.
Acts 1985, ch. 478, § 3; 1988, ch. 953, § 12; 1996, ch. 1079, § 73; 2000, ch. 981, §§ 51, 55; 2008 , ch. 893, §§ 1, 2.
Tenn. Code Ann. § 37-3-103 — TN Code / Title 37 / Chapter 3 / Section 37-3-103
Powers and duties
Status: in_force

(a) (1) The commission shall perform each of the following duties: (A) Make recommendations concerning establishment of priorities and needed improvements with respect to programs and services for children and youth; (B) On or before September 1 of each year, make recommendations for the state budget for the following fiscal year regarding services for children and youth and submit the recommendations to the governor, the finance, ways and means committee of the senate, the finance, ways and means committee of the house of representatives, the legislative office of budget analysis, and the affected state departments; (C) Implement the provisions of the Juvenile Justice and Delinquency Prevention Act of 1974, compiled in 42 U.S.C. § 5601 et seq., and distribute, consistent with the purpose of the commission as set forth by § 37-3-102(a) , such funds as the general assembly shall direct; (D) Advocate and coordinate the efficient and effective development and enhancement of state, local and regional programs and services for children and youth; (E) Publish annually, on or before December 31, a comprehensive report on the status of children and youth in Tennessee; and distribute the report to the governor, to each member of the general assembly and to each of the state's depository libraries; and (F) Promulgate, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, such rules as may be necessary to perform the duties prescribed by this part. (2) If a new, separate or reorganized department, office or agency is established to administer the duties of youth services in the department of correction, the duties in this subsection (a) and the duties and authority provided by §§ 37-1-161 and 37-1-162 , and any funds allocated to the commission on children and youth for distribution, may be transferred by executive order of the governor to such new, separate or reorganized entity. (b) To the extent that adequate resources are available, the commission is authorized to perform any one (1) or more of the following activities: (1) Identify and analyze specific problems concerning programs and services for children and youth; (2) [Deleted by 2015 amendment.] (3) Review licensing or certification standards and program policies, promulgated by entities of state government, that affect children and youth; and make recommendations concerning such standards and policies to the governor, to the entity promulgating any such standard or policy and to each member of the general assembly; and (4) Monitor foster care review boards; report on the impact of foster care review on children and youth in foster care; and make recommendations for improvement of the state's foster care system to the governor and each member of the general assembly. Amended by 2016 Tenn. Acts, ch. 797, s 4, eff. 4/14/2016. Amended by 2015 Tenn. Acts, ch. 259, s 3, eff. 4/24/2015. Acts 1988, ch. 979, § 2; 1999, ch. 230, § 3; 2010 , ch. 1030, § 12.
(a) (1) The commission shall perform each of the following duties: (A) Make recommendations concerning establishment of priorities and needed improvements with respect to programs and services for children and youth; (B) On or before September 1 of each year, make recommendations for the state budget for the following fiscal year regarding services for children and youth and submit the recommendations to the governor, the finance, ways and means committee of the senate, the finance, ways and means committee of the house of representatives, the legislative office of budget analysis, and the affected state departments; (C) Implement the provisions of the Juvenile Justice and Delinquency Prevention Act of 1974, compiled in 42 U.S.C. § 5601 et seq., and distribute, consistent with the purpose of the commission as set forth by § 37-3-102(a) , such funds as the general assembly shall direct; (D) Advocate and coordinate the efficient and effective development and enhancement of state, local and regional programs and services for children and youth; (E) Publish annually, on or before December 31, a comprehensive report on the status of children and youth in Tennessee; and distribute the report to the governor, to each member of the general assembly and to each of the state's depository libraries; and (F) Promulgate, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, such rules as may be necessary to perform the duties prescribed by this part. (2) If a new, separate or reorganized department, office or agency is established to administer the duties of youth services in the department of correction, the duties in this subsection (a) and the duties and authority provided by §§ 37-1-161 and 37-1-162 , and any funds allocated to the commission on children and youth for distribution, may be transferred by executive order of the governor to such new, separate or reorganized entity.
(1) The commission shall perform each of the following duties: (A) Make recommendations concerning establishment of priorities and needed improvements with respect to programs and services for children and youth; (B) On or before September 1 of each year, make recommendations for the state budget for the following fiscal year regarding services for children and youth and submit the recommendations to the governor, the finance, ways and means committee of the senate, the finance, ways and means committee of the house of representatives, the legislative office of budget analysis, and the affected state departments; (C) Implement the provisions of the Juvenile Justice and Delinquency Prevention Act of 1974, compiled in 42 U.S.C. § 5601 et seq., and distribute, consistent with the purpose of the commission as set forth by § 37-3-102(a) , such funds as the general assembly shall direct; (D) Advocate and coordinate the efficient and effective development and enhancement of state, local and regional programs and services for children and youth; (E) Publish annually, on or before December 31, a comprehensive report on the status of children and youth in Tennessee; and distribute the report to the governor, to each member of the general assembly and to each of the state's depository libraries; and (F) Promulgate, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, such rules as may be necessary to perform the duties prescribed by this part.
(A) Make recommendations concerning establishment of priorities and needed improvements with respect to programs and services for children and youth;
(B) On or before September 1 of each year, make recommendations for the state budget for the following fiscal year regarding services for children and youth and submit the recommendations to the governor, the finance, ways and means committee of the senate, the finance, ways and means committee of the house of representatives, the legislative office of budget analysis, and the affected state departments;
(C) Implement the provisions of the Juvenile Justice and Delinquency Prevention Act of 1974, compiled in 42 U.S.C. § 5601 et seq., and distribute, consistent with the purpose of the commission as set forth by § 37-3-102(a) , such funds as the general assembly shall direct;
(D) Advocate and coordinate the efficient and effective development and enhancement of state, local and regional programs and services for children and youth;
(E) Publish annually, on or before December 31, a comprehensive report on the status of children and youth in Tennessee; and distribute the report to the governor, to each member of the general assembly and to each of the state's depository libraries; and
(F) Promulgate, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, such rules as may be necessary to perform the duties prescribed by this part.
(2) If a new, separate or reorganized department, office or agency is established to administer the duties of youth services in the department of correction, the duties in this subsection (a) and the duties and authority provided by §§ 37-1-161 and 37-1-162 , and any funds allocated to the commission on children and youth for distribution, may be transferred by executive order of the governor to such new, separate or reorganized entity.
(b) To the extent that adequate resources are available, the commission is authorized to perform any one (1) or more of the following activities: (1) Identify and analyze specific problems concerning programs and services for children and youth; (2) [Deleted by 2015 amendment.] (3) Review licensing or certification standards and program policies, promulgated by entities of state government, that affect children and youth; and make recommendations concerning such standards and policies to the governor, to the entity promulgating any such standard or policy and to each member of the general assembly; and (4) Monitor foster care review boards; report on the impact of foster care review on children and youth in foster care; and make recommendations for improvement of the state's foster care system to the governor and each member of the general assembly.
(1) Identify and analyze specific problems concerning programs and services for children and youth;
(2) [Deleted by 2015 amendment.]
(3) Review licensing or certification standards and program policies, promulgated by entities of state government, that affect children and youth; and make recommendations concerning such standards and policies to the governor, to the entity promulgating any such standard or policy and to each member of the general assembly; and
(4) Monitor foster care review boards; report on the impact of foster care review on children and youth in foster care; and make recommendations for improvement of the state's foster care system to the governor and each member of the general assembly.
Amended by 2016 Tenn. Acts, ch. 797, s 4, eff. 4/14/2016.
Amended by 2015 Tenn. Acts, ch. 259, s 3, eff. 4/24/2015.
Acts 1988, ch. 979, § 2; 1999, ch. 230, § 3; 2010 , ch. 1030, § 12.
Tenn. Code Ann. § 37-5-107 — TN Code / Title 37 / Chapter 5 / Section 37-5-107
Confidentiality of records
Status: in_force

(a) All applications, certificates, records, reports and all legal documents, petitions and records made or information received pursuant to this title that directly or indirectly identify a child or family receiving services from the department or that identify the person who made a report of harm pursuant to § 37-1-403 or § 37-1-605 shall be kept confidential and shall not be disclosed, except as provided by this section and §§ 37-1-131 , 37-1-409 , 37-1-612 and 49-6-3051 . (b) The department may use or release information in the following circumstances: (1) The department may utilize any information it has or may acquire to provide services to the child; (2) The department may release records to a person or entity that may be providing system or program evaluation; and (3) The department may disclose information about a case to the public if all parties involved in the case, including the child, are deceased and all identifying personal information of the parties is redacted. As used in this subdivision (b)(3), "identifying personal information" includes, but is not limited to, date of birth, address, and social security number, but does not include a party's name. (c) The department shall release information in the following circumstances: (1) Upon request, the department shall release records to any child abuse review teams or child fatality review teams that are created or authorized by state law to review the activities of the department or to evaluate or investigate the cause of injury to or death of a child; (2) Upon presentation of an appropriate court order, records to a law enforcement agency, grand jury, district attorney general, or court; (3) Upon written request, records to any federal, state or local government entity or agent of such entity that has a need for the information in order to carry out its responsibilities under law to protect children from abuse and neglect in compliance with 42 U.S.C. § 5106a(b)(2)(B)(ix) ; (4) (A) To provide for the public disclosure of information about any case that results in a child fatality or near fatality in compliance with 42 U.S.C. § 5106a(b)(2)(B)(x) . For purposes of this subdivision (c)(4)(A), "near fatality" means a child had a serious or critical medical condition resulting from child abuse or child sexual abuse, as reported by a physician who has examined the child subsequent to the abuse; (B) When the department investigates a child fatality for abuse or neglect, the department shall release the following information, to the extent known, within five (5) business days of the fatality: (i) The child's age; (ii) The child's gender; and (iii) Whether the department has had history with the child. (C) Following the closure of an investigation for a child abuse or neglect fatality, the department shall release the final disposition of the case, whether the case meets criteria for a child death review and the full case file. The case file may be redacted to comply with the confidentiality requirements of this section. (D) Following the department's final classification of a child abuse or neglect near fatality, the department shall release the full case file. The case file may be redacted to comply with the confidentiality requirements of this section. (5) Records to any person or entity that provides system or program evaluation at the request of the department; (6) To the commission on children and youth any and all records requested by the commission that the commission believes necessary to perform its duties and responsibilities pursuant to § 37-3-103 , particularly for the purpose of evaluating the delivery of services to children and their families served by the department; and (7) Upon written request, records to any person who is the subject of a report made to the department, or to the person's parent or legal guardian if the person is a minor and the parent or legal guardian is not the alleged perpetrator of or in any way responsible for the child abuse, child neglect or child sexual abuse against the child whose records are being requested. A person provided access to records pursuant to this subdivision (c)(7) shall maintain the confidentiality of the records except to the extent necessary for proper supervision, care or treatment of the subject of the report. (d) Pursuant to subdivision (c)(3), the department shall disclose records and information to any member of the general assembly to enable the member to determine whether the laws of this state are being complied with to protect children from abuse and neglect and whether the laws of this state need to be changed to enhance such protection; provided, that the procedures set out in subdivisions (d)(1)-(3) and any other procedures required by law are followed. (1) If a member of the general assembly receives a written inquiry regarding whether the laws of this state that protect children from abuse and neglect are being complied with or whether the laws of this state need to be changed to enhance protection of children, the member of the general assembly may submit a written request to the department, requesting review of the records and information relating to the inquiry. The member's request shall state the name of the child whose case file is to be reviewed and any other information that will assist the department in locating the information. (2) The member shall sign a form, before reviewing the records and information, that outlines the state and federal laws regarding confidentiality and the penalties for unauthorized release of the information. All records and information being reviewed by any member shall remain in the department's possession. (3) After reviewing the records and information, if the member requests additional information, the department shall discuss the circumstances related to the records and information being disclosed. (e) (1) Any person or entity, including the commission on children and youth, that is provided access to records under this section shall be required to maintain the records in accordance with state and federal laws and regulations regarding confidentiality. (2) It is an offense for any person who has received or has been provided access to confidential information pursuant to this section to knowingly disclose or knowingly cause to be disclosed the information to any person or entity not otherwise provided access to the records by law. (3) A violation of this subsection (e) is a Class B misdemeanor. (f) Upon placement of a child in the custody of the department of children's services, all state, county and local agencies shall, notwithstanding any state laws or regulations to the contrary, grant access to any and all records in their possession that relate to the child for use by the department of children's services to determine a child's condition, needs, treatment or any other area of management; provided, however, that release of health care information must be consistent with the laws and policies of the departments of health, mental health and substance abuse services, and disability and aging. The department of children's services shall comply with federal statutes and regulations concerning confidentiality of records. Any records that are confidential by law upon the enactment of this legislation shall be maintained as confidential by the department of children's services. (g) Except as otherwise provided pursuant to 20 U.S.C. § 1232g(b)(1) , prior to the release of student records, the local education agency must give written notice to the student and parent as required by 20 U.S.C. § 1232g(b)(1) , and must provide the parent with a copy of all records released. (h) Release of drug and alcohol records must comply with federal and state laws and regulations regarding the release of these records. (i) Except as provided for in subsection (c)(2), nothing in this section shall ever be construed to permit or require the department to release or disclose the identification of the person making a report of harm in accordance with § 37-1-403 . (j) The department, in consultation with the commission on children and youth, shall adopt rules and regulations that may be necessary to establish administrative and due process procedures for the disclosure of records and other information pursuant to this section. (k) (1) It is an offense for any person to attempt to access or obtain confidential information from the department regarding alleged child abuse or neglect that the person knows is in violation of state or federal laws and regulations regarding confidentiality. (2) A violation of this subsection (k) is a Class A misdemeanor. Amended by 2024 Tenn. Acts, ch. 688,s 127, eff. 7/1/2024. Amended by 2023 Tenn. Acts, ch. 292, s 1, eff. 4/28/2023. Amended by 2023 Tenn. Acts, ch. 197, s 1, eff. 4/24/2023. Amended by 2021 Tenn. Acts, ch. 590, s 1, eff. 7/1/2021. Amended by 2014 Tenn. Acts, ch. 771, s 1, eff. 7/1/2014. Acts 1996, ch. 1079, § 8; imp. am. Acts 2000, ch. 947, § 6; 2008 , ch. 1146, § 1; 2009 , ch. 86, §§ 1, 2; 2009 , ch. 358, § 4; 2010 , ch. 1100, § 62; 2012 , ch. 575, § 1.
(a) All applications, certificates, records, reports and all legal documents, petitions and records made or information received pursuant to this title that directly or indirectly identify a child or family receiving services from the department or that identify the person who made a report of harm pursuant to § 37-1-403 or § 37-1-605 shall be kept confidential and shall not be disclosed, except as provided by this section and §§ 37-1-131 , 37-1-409 , 37-1-612 and 49-6-3051 .
(b) The department may use or release information in the following circumstances: (1) The department may utilize any information it has or may acquire to provide services to the child; (2) The department may release records to a person or entity that may be providing system or program evaluation; and (3) The department may disclose information about a case to the public if all parties involved in the case, including the child, are deceased and all identifying personal information of the parties is redacted. As used in this subdivision (b)(3), "identifying personal information" includes, but is not limited to, date of birth, address, and social security number, but does not include a party's name.
(1) The department may utilize any information it has or may acquire to provide services to the child;
(2) The department may release records to a person or entity that may be providing system or program evaluation; and
(3) The department may disclose information about a case to the public if all parties involved in the case, including the child, are deceased and all identifying personal information of the parties is redacted. As used in this subdivision (b)(3), "identifying personal information" includes, but is not limited to, date of birth, address, and social security number, but does not include a party's name.
(c) The department shall release information in the following circumstances: (1) Upon request, the department shall release records to any child abuse review teams or child fatality review teams that are created or authorized by state law to review the activities of the department or to evaluate or investigate the cause of injury to or death of a child; (2) Upon presentation of an appropriate court order, records to a law enforcement agency, grand jury, district attorney general, or court; (3) Upon written request, records to any federal, state or local government entity or agent of such entity that has a need for the information in order to carry out its responsibilities under law to protect children from abuse and neglect in compliance with 42 U.S.C. § 5106a(b)(2)(B)(ix) ; (4) (A) To provide for the public disclosure of information about any case that results in a child fatality or near fatality in compliance with 42 U.S.C. § 5106a(b)(2)(B)(x) . For purposes of this subdivision (c)(4)(A), "near fatality" means a child had a serious or critical medical condition resulting from child abuse or child sexual abuse, as reported by a physician who has examined the child subsequent to the abuse; (B) When the department investigates a child fatality for abuse or neglect, the department shall release the following information, to the extent known, within five (5) business days of the fatality: (i) The child's age; (ii) The child's gender; and (iii) Whether the department has had history with the child. (C) Following the closure of an investigation for a child abuse or neglect fatality, the department shall release the final disposition of the case, whether the case meets criteria for a child death review and the full case file. The case file may be redacted to comply with the confidentiality requirements of this section. (D) Following the department's final classification of a child abuse or neglect near fatality, the department shall release the full case file. The case file may be redacted to comply with the confidentiality requirements of this section. (5) Records to any person or entity that provides system or program evaluation at the request of the department; (6) To the commission on children and youth any and all records requested by the commission that the commission believes necessary to perform its duties and responsibilities pursuant to § 37-3-103 , particularly for the purpose of evaluating the delivery of services to children and their families served by the department; and (7) Upon written request, records to any person who is the subject of a report made to the department, or to the person's parent or legal guardian if the person is a minor and the parent or legal guardian is not the alleged perpetrator of or in any way responsible for the child abuse, child neglect or child sexual abuse against the child whose records are being requested. A person provided access to records pursuant to this subdivision (c)(7) shall maintain the confidentiality of the records except to the extent necessary for proper supervision, care or treatment of the subject of the report.
(1) Upon request, the department shall release records to any child abuse review teams or child fatality review teams that are created or authorized by state law to review the activities of the department or to evaluate or investigate the cause of injury to or death of a child;
(2) Upon presentation of an appropriate court order, records to a law enforcement agency, grand jury, district attorney general, or court;
(3) Upon written request, records to any federal, state or local government entity or agent of such entity that has a need for the information in order to carry out its responsibilities under law to protect children from abuse and neglect in compliance with 42 U.S.C. § 5106a(b)(2)(B)(ix) ;
(4) (A) To provide for the public disclosure of information about any case that results in a child fatality or near fatality in compliance with 42 U.S.C. § 5106a(b)(2)(B)(x) . For purposes of this subdivision (c)(4)(A), "near fatality" means a child had a serious or critical medical condition resulting from child abuse or child sexual abuse, as reported by a physician who has examined the child subsequent to the abuse; (B) When the department investigates a child fatality for abuse or neglect, the department shall release the following information, to the extent known, within five (5) business days of the fatality: (i) The child's age; (ii) The child's gender; and (iii) Whether the department has had history with the child. (C) Following the closure of an investigation for a child abuse or neglect fatality, the department shall release the final disposition of the case, whether the case meets criteria for a child death review and the full case file. The case file may be redacted to comply with the confidentiality requirements of this section. (D) Following the department's final classification of a child abuse or neglect near fatality, the department shall release the full case file. The case file may be redacted to comply with the confidentiality requirements of this section.
(A) To provide for the public disclosure of information about any case that results in a child fatality or near fatality in compliance with 42 U.S.C. § 5106a(b)(2)(B)(x) . For purposes of this subdivision (c)(4)(A), "near fatality" means a child had a serious or critical medical condition resulting from child abuse or child sexual abuse, as reported by a physician who has examined the child subsequent to the abuse;
(B) When the department investigates a child fatality for abuse or neglect, the department shall release the following information, to the extent known, within five (5) business days of the fatality: (i) The child's age; (ii) The child's gender; and (iii) Whether the department has had history with the child.
(i) The child's age;
(ii) The child's gender; and
(iii) Whether the department has had history with the child.
(C) Following the closure of an investigation for a child abuse or neglect fatality, the department shall release the final disposition of the case, whether the case meets criteria for a child death review and the full case file. The case file may be redacted to comply with the confidentiality requirements of this section.
(D) Following the department's final classification of a child abuse or neglect near fatality, the department shall release the full case file. The case file may be redacted to comply with the confidentiality requirements of this section.
(5) Records to any person or entity that provides system or program evaluation at the request of the department;
(6) To the commission on children and youth any and all records requested by the commission that the commission believes necessary to perform its duties and responsibilities pursuant to § 37-3-103 , particularly for the purpose of evaluating the delivery of services to children and their families served by the department; and
(7) Upon written request, records to any person who is the subject of a report made to the department, or to the person's parent or legal guardian if the person is a minor and the parent or legal guardian is not the alleged perpetrator of or in any way responsible for the child abuse, child neglect or child sexual abuse against the child whose records are being requested. A person provided access to records pursuant to this subdivision (c)(7) shall maintain the confidentiality of the records except to the extent necessary for proper supervision, care or treatment of the subject of the report.
(d) Pursuant to subdivision (c)(3), the department shall disclose records and information to any member of the general assembly to enable the member to determine whether the laws of this state are being complied with to protect children from abuse and neglect and whether the laws of this state need to be changed to enhance such protection; provided, that the procedures set out in subdivisions (d)(1)-(3) and any other procedures required by law are followed. (1) If a member of the general assembly receives a written inquiry regarding whether the laws of this state that protect children from abuse and neglect are being complied with or whether the laws of this state need to be changed to enhance protection of children, the member of the general assembly may submit a written request to the department, requesting review of the records and information relating to the inquiry. The member's request shall state the name of the child whose case file is to be reviewed and any other information that will assist the department in locating the information. (2) The member shall sign a form, before reviewing the records and information, that outlines the state and federal laws regarding confidentiality and the penalties for unauthorized release of the information. All records and information being reviewed by any member shall remain in the department's possession. (3) After reviewing the records and information, if the member requests additional information, the department shall discuss the circumstances related to the records and information being disclosed.
(1) If a member of the general assembly receives a written inquiry regarding whether the laws of this state that protect children from abuse and neglect are being complied with or whether the laws of this state need to be changed to enhance protection of children, the member of the general assembly may submit a written request to the department, requesting review of the records and information relating to the inquiry. The member's request shall state the name of the child whose case file is to be reviewed and any other information that will assist the department in locating the information.
(2) The member shall sign a form, before reviewing the records and information, that outlines the state and federal laws regarding confidentiality and the penalties for unauthorized release of the information. All records and information being reviewed by any member shall remain in the department's possession.
(3) After reviewing the records and information, if the member requests additional information, the department shall discuss the circumstances related to the records and information being disclosed.
(e) (1) Any person or entity, including the commission on children and youth, that is provided access to records under this section shall be required to maintain the records in accordance with state and federal laws and regulations regarding confidentiality. (2) It is an offense for any person who has received or has been provided access to confidential information pursuant to this section to knowingly disclose or knowingly cause to be disclosed the information to any person or entity not otherwise provided access to the records by law. (3) A violation of this subsection (e) is a Class B misdemeanor.
(1) Any person or entity, including the commission on children and youth, that is provided access to records under this section shall be required to maintain the records in accordance with state and federal laws and regulations regarding confidentiality.
(2) It is an offense for any person who has received or has been provided access to confidential information pursuant to this section to knowingly disclose or knowingly cause to be disclosed the information to any person or entity not otherwise provided access to the records by law.
(3) A violation of this subsection (e) is a Class B misdemeanor.
(f) Upon placement of a child in the custody of the department of children's services, all state, county and local agencies shall, notwithstanding any state laws or regulations to the contrary, grant access to any and all records in their possession that relate to the child for use by the department of children's services to determine a child's condition, needs, treatment or any other area of management; provided, however, that release of health care information must be consistent with the laws and policies of the departments of health, mental health and substance abuse services, and disability and aging. The department of children's services shall comply with federal statutes and regulations concerning confidentiality of records. Any records that are confidential by law upon the enactment of this legislation shall be maintained as confidential by the department of children's services.
(g) Except as otherwise provided pursuant to 20 U.S.C. § 1232g(b)(1) , prior to the release of student records, the local education agency must give written notice to the student and parent as required by 20 U.S.C. § 1232g(b)(1) , and must provide the parent with a copy of all records released.
(h) Release of drug and alcohol records must comply with federal and state laws and regulations regarding the release of these records.
(i) Except as provided for in subsection (c)(2), nothing in this section shall ever be construed to permit or require the department to release or disclose the identification of the person making a report of harm in accordance with § 37-1-403 .
(j) The department, in consultation with the commission on children and youth, shall adopt rules and regulations that may be necessary to establish administrative and due process procedures for the disclosure of records and other information pursuant to this section.
(k) (1) It is an offense for any person to attempt to access or obtain confidential information from the department regarding alleged child abuse or neglect that the person knows is in violation of state or federal laws and regulations regarding confidentiality. (2) A violation of this subsection (k) is a Class A misdemeanor.
(1) It is an offense for any person to attempt to access or obtain confidential information from the department regarding alleged child abuse or neglect that the person knows is in violation of state or federal laws and regulations regarding confidentiality.
(2) A violation of this subsection (k) is a Class A misdemeanor.
Amended by 2024 Tenn. Acts, ch. 688,s 127, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 292, s 1, eff. 4/28/2023.
Amended by 2023 Tenn. Acts, ch. 197, s 1, eff. 4/24/2023.
Amended by 2021 Tenn. Acts, ch. 590, s 1, eff. 7/1/2021.
Amended by 2014 Tenn. Acts, ch. 771, s 1, eff. 7/1/2014.
Acts 1996, ch. 1079, § 8; imp. am. Acts 2000, ch. 947, § 6; 2008 , ch. 1146, § 1; 2009 , ch. 86, §§ 1, 2; 2009 , ch. 358, § 4; 2010 , ch. 1100, § 62; 2012 , ch. 575, § 1.
Tenn. Code Ann. § 37-2-409 — TN Code / Title 37 / Chapter 2 / Section 37-2-409
Permanency hearings
Status: in_force

(a) (1) In addition to the other requirements of this part, the judge or magistrate shall hold a hearing within twelve (12) months of the date of foster care placement for each child in foster care. As long as a child remains in foster care, subsequent permanency hearings conducted pursuant to subsection (b) shall be held no less frequently than every twelve (12) months from the date of the previous permanency hearing for each child, or as otherwise required by federal regulations and notwithstanding subdivision (b)(4). (2) The child shall be present for the permanency hearing. The court shall confer with the child, who is able to communicate, in an age appropriate manner regarding the child's views on the provisions of the permanency plan developed for the child. For all children, absent or present, evidence shall be presented as to the child's progress and needed services. The only exceptions to the child's mandatory attendance shall be a child who is under a doctor's care preventing the child from attending, is placed outside the state or is on documented runaway status. In such event, the court shall require the guardian ad litem, case manager for the department or other case manager of the child to attest that the child participated in the development of the permanency plan or has been counseled on the provisions of the permanency plan, if age appropriate. In the child's absence, evidence shall be presented as to the child's progress and needed services. To the extent practicable, the court shall schedule such hearings at times intended to be minimally disruptive to daily activities of the child. (b) (1) In an effort to achieve early permanency, the purpose of these permanency hearings shall be to review the permanency plan and goals for the child. The hearings and plan shall address which goals continue to be appropriate for the child in order to achieve permanent placement and shall include a timeline for achieving each goal. Possible goals include: (A) Return of the child to parent; (B) Permanent placement with a fit and willing relative or relatives; (C) Adoption, giving appropriate consideration to § 36-1-115(g) when applicable; (D) Permanent guardianship; or (E) Planned permanent living arrangement. (2) Placement in another planned permanent living arrangement shall only be appropriate in cases where the state agency has documented a compelling reason for determining that the other goals would not be in the best interests of the child because of the child's special needs or circumstances. (3) The purpose of these permanency hearings shall also be to determine the extent of compliance of all parties with the terms of the permanency plan, and the extent of progress in achieving the goals of the plan. (4) In the case of a child who has reached sixteen (16) years of age, the court shall review and ratify an independent living plan for the child. At the hearing for a child who has reached seventeen (17) years of age, the court shall ensure, and the record shall reflect, that the child has notice of and understands the child's opportunity to receive, if eligible, all available voluntary post-custody services from the department by having the department present evidence regarding services that are available to the child beginning at eighteen (18) years of age. Three (3) months prior to the planned release of a child at seventeen (17) years of age or older, a permanency hearing shall be held for the purposes of reviewing the child's transition plan to independent living. (5) At this hearing, all evidence that would be admissible at a permanency hearing pursuant to § 37-1-129 shall be admissible. In the event the court finds that any party has not complied with the terms of the permanency plan for the child, it may, consistent with §§ 37-1-129(c) and 37-2-403(c) , issue such orders as may be appropriate to enforce compliance. Parental rights may not be terminated, except in accordance with a petition filed for that purpose and filed pursuant to title 36, chapter 1, part 1 or this part. (c) If a hearing is held concerning a child in the juvenile court, or any other court, on a custody petition, petition to terminate parental rights, or for any other reason that addresses the issues in subsection (b), this hearing shall satisfy the requirement for a hearing for that child. If a hearing is not otherwise scheduled, the court shall automatically schedule a hearing for each child in foster care in a timely fashion to ensure that the hearing is held within the time provided in subsection (a). (d) This section shall not be construed to prevent a judge from holding hearings more frequently if the judge deems it necessary. Acts 1976, ch. 731, § 8; 1982, ch. 811, § 5; 1983, ch. 438, § 17; T.C.A., § 37-1508; Acts 1988, ch. 560, § 11; 1996, ch. 1054, § 103; 1996, ch. 1079, § 115; 1998, ch. 1097, §§ 19 - 21; 2000, ch. 805, § 1; 2002, ch. 629, § 5; 2007, ch. 372, § 10; 2008, ch. 1046, § 1; 2009, ch. 235, § 1; 2010, ch. 842, § 11; 2012, ch. 1016, § 3.
(a) (1) In addition to the other requirements of this part, the judge or magistrate shall hold a hearing within twelve (12) months of the date of foster care placement for each child in foster care. As long as a child remains in foster care, subsequent permanency hearings conducted pursuant to subsection (b) shall be held no less frequently than every twelve (12) months from the date of the previous permanency hearing for each child, or as otherwise required by federal regulations and notwithstanding subdivision (b)(4). (2) The child shall be present for the permanency hearing. The court shall confer with the child, who is able to communicate, in an age appropriate manner regarding the child's views on the provisions of the permanency plan developed for the child. For all children, absent or present, evidence shall be presented as to the child's progress and needed services. The only exceptions to the child's mandatory attendance shall be a child who is under a doctor's care preventing the child from attending, is placed outside the state or is on documented runaway status. In such event, the court shall require the guardian ad litem, case manager for the department or other case manager of the child to attest that the child participated in the development of the permanency plan or has been counseled on the provisions of the permanency plan, if age appropriate. In the child's absence, evidence shall be presented as to the child's progress and needed services. To the extent practicable, the court shall schedule such hearings at times intended to be minimally disruptive to daily activities of the child.
(1) In addition to the other requirements of this part, the judge or magistrate shall hold a hearing within twelve (12) months of the date of foster care placement for each child in foster care. As long as a child remains in foster care, subsequent permanency hearings conducted pursuant to subsection (b) shall be held no less frequently than every twelve (12) months from the date of the previous permanency hearing for each child, or as otherwise required by federal regulations and notwithstanding subdivision (b)(4).
(2) The child shall be present for the permanency hearing. The court shall confer with the child, who is able to communicate, in an age appropriate manner regarding the child's views on the provisions of the permanency plan developed for the child. For all children, absent or present, evidence shall be presented as to the child's progress and needed services. The only exceptions to the child's mandatory attendance shall be a child who is under a doctor's care preventing the child from attending, is placed outside the state or is on documented runaway status. In such event, the court shall require the guardian ad litem, case manager for the department or other case manager of the child to attest that the child participated in the development of the permanency plan or has been counseled on the provisions of the permanency plan, if age appropriate. In the child's absence, evidence shall be presented as to the child's progress and needed services. To the extent practicable, the court shall schedule such hearings at times intended to be minimally disruptive to daily activities of the child.
(b) (1) In an effort to achieve early permanency, the purpose of these permanency hearings shall be to review the permanency plan and goals for the child. The hearings and plan shall address which goals continue to be appropriate for the child in order to achieve permanent placement and shall include a timeline for achieving each goal. Possible goals include: (A) Return of the child to parent; (B) Permanent placement with a fit and willing relative or relatives; (C) Adoption, giving appropriate consideration to § 36-1-115(g) when applicable; (D) Permanent guardianship; or (E) Planned permanent living arrangement. (2) Placement in another planned permanent living arrangement shall only be appropriate in cases where the state agency has documented a compelling reason for determining that the other goals would not be in the best interests of the child because of the child's special needs or circumstances. (3) The purpose of these permanency hearings shall also be to determine the extent of compliance of all parties with the terms of the permanency plan, and the extent of progress in achieving the goals of the plan. (4) In the case of a child who has reached sixteen (16) years of age, the court shall review and ratify an independent living plan for the child. At the hearing for a child who has reached seventeen (17) years of age, the court shall ensure, and the record shall reflect, that the child has notice of and understands the child's opportunity to receive, if eligible, all available voluntary post-custody services from the department by having the department present evidence regarding services that are available to the child beginning at eighteen (18) years of age. Three (3) months prior to the planned release of a child at seventeen (17) years of age or older, a permanency hearing shall be held for the purposes of reviewing the child's transition plan to independent living. (5) At this hearing, all evidence that would be admissible at a permanency hearing pursuant to § 37-1-129 shall be admissible. In the event the court finds that any party has not complied with the terms of the permanency plan for the child, it may, consistent with §§ 37-1-129(c) and 37-2-403(c) , issue such orders as may be appropriate to enforce compliance. Parental rights may not be terminated, except in accordance with a petition filed for that purpose and filed pursuant to title 36, chapter 1, part 1 or this part.
(1) In an effort to achieve early permanency, the purpose of these permanency hearings shall be to review the permanency plan and goals for the child. The hearings and plan shall address which goals continue to be appropriate for the child in order to achieve permanent placement and shall include a timeline for achieving each goal. Possible goals include: (A) Return of the child to parent; (B) Permanent placement with a fit and willing relative or relatives; (C) Adoption, giving appropriate consideration to § 36-1-115(g) when applicable; (D) Permanent guardianship; or (E) Planned permanent living arrangement.
(A) Return of the child to parent;
(B) Permanent placement with a fit and willing relative or relatives;
(C) Adoption, giving appropriate consideration to § 36-1-115(g) when applicable;
(D) Permanent guardianship; or
(E) Planned permanent living arrangement.
(2) Placement in another planned permanent living arrangement shall only be appropriate in cases where the state agency has documented a compelling reason for determining that the other goals would not be in the best interests of the child because of the child's special needs or circumstances.
(3) The purpose of these permanency hearings shall also be to determine the extent of compliance of all parties with the terms of the permanency plan, and the extent of progress in achieving the goals of the plan.
(4) In the case of a child who has reached sixteen (16) years of age, the court shall review and ratify an independent living plan for the child. At the hearing for a child who has reached seventeen (17) years of age, the court shall ensure, and the record shall reflect, that the child has notice of and understands the child's opportunity to receive, if eligible, all available voluntary post-custody services from the department by having the department present evidence regarding services that are available to the child beginning at eighteen (18) years of age. Three (3) months prior to the planned release of a child at seventeen (17) years of age or older, a permanency hearing shall be held for the purposes of reviewing the child's transition plan to independent living.
(5) At this hearing, all evidence that would be admissible at a permanency hearing pursuant to § 37-1-129 shall be admissible. In the event the court finds that any party has not complied with the terms of the permanency plan for the child, it may, consistent with §§ 37-1-129(c) and 37-2-403(c) , issue such orders as may be appropriate to enforce compliance. Parental rights may not be terminated, except in accordance with a petition filed for that purpose and filed pursuant to title 36, chapter 1, part 1 or this part.
(c) If a hearing is held concerning a child in the juvenile court, or any other court, on a custody petition, petition to terminate parental rights, or for any other reason that addresses the issues in subsection (b), this hearing shall satisfy the requirement for a hearing for that child. If a hearing is not otherwise scheduled, the court shall automatically schedule a hearing for each child in foster care in a timely fashion to ensure that the hearing is held within the time provided in subsection (a).
(d) This section shall not be construed to prevent a judge from holding hearings more frequently if the judge deems it necessary.
Acts 1976, ch. 731, § 8; 1982, ch. 811, § 5; 1983, ch. 438, § 17; T.C.A., § 37-1508; Acts 1988, ch. 560, § 11; 1996, ch. 1054, § 103; 1996, ch. 1079, § 115; 1998, ch. 1097, §§ 19 - 21; 2000, ch. 805, § 1; 2002, ch. 629, § 5; 2007, ch. 372, § 10; 2008, ch. 1046, § 1; 2009, ch. 235, § 1; 2010, ch. 842, § 11; 2012, ch. 1016, § 3.
Tenn. Code Ann. § 37-5-304 — TN Code / Title 37 / Chapter 5 / Section 37-5-304
Agencies - Establishment - Public function and purpose
Status: in_force

(a) The commissioner is authorized to establish community services agencies as provided in this part. These agencies shall provide coordination of funds or programs for the care of the citizens of the state. (b) The commissioner may establish one (1) community services agency in the metropolitan area of Memphis and Shelby County. (c) The commissioner may establish multi-county community service agencies with such geographic boundary lines as may be deemed necessary. (d) The community services agency shall be a political subdivision and instrumentality of the state. As such, it shall be deemed to be acting in all respects for the benefit of the people of the state in the performance of essential public functions, and shall be deemed to be serving a public purpose through improving and otherwise promoting the well-being of the citizens of the state. Acts 1989, ch. 567, § 4; T.C.A., § 68-2-1104; Acts 1996, ch. 1079, § 149; 2001, ch. 390, § 2; 2005, ch. 249, § 3; 2006, ch. 1011, § 2; 2007, ch. 222, § 2; 2007, ch. 223, § 2; 2007, ch. 478, § 4.
(a) The commissioner is authorized to establish community services agencies as provided in this part. These agencies shall provide coordination of funds or programs for the care of the citizens of the state.
(b) The commissioner may establish one (1) community services agency in the metropolitan area of Memphis and Shelby County.
(c) The commissioner may establish multi-county community service agencies with such geographic boundary lines as may be deemed necessary.
(d) The community services agency shall be a political subdivision and instrumentality of the state. As such, it shall be deemed to be acting in all respects for the benefit of the people of the state in the performance of essential public functions, and shall be deemed to be serving a public purpose through improving and otherwise promoting the well-being of the citizens of the state.
Acts 1989, ch. 567, § 4; T.C.A., § 68-2-1104; Acts 1996, ch. 1079, § 149; 2001, ch. 390, § 2; 2005, ch. 249, § 3; 2006, ch. 1011, § 2; 2007, ch. 222, § 2; 2007, ch. 223, § 2; 2007, ch. 478, § 4.
Tenn. Code Ann. § 37-3-810 — TN Code / Title 37 / Chapter 3 / Section 37-3-810
Confidentiality - Public meetings
Status: in_force

(a) Notwithstanding any law to the contrary, the commission may access information made confidential pursuant to chapter 1 of this title. (b) (1) Except as provided in subsection (c), investigatory meetings of the commission shall not be subject to title 8, chapter 44, part 1 and shall be closed to the public. Any minutes or other information made confidential pursuant to state or federal law and generated during an investigatory meeting shall be sealed from public inspection; provided that the commission shall comply with subsection (c). (2) Each statutory member of the commission and each person otherwise attending an investigatory meeting shall sign a statement prepared by the commission indicating and affirming an understanding of and adherence to the confidentiality requirements, including the possible civil or criminal consequences of any violation or breach of such requirements. (c) Notwithstanding subsection (b), the commission shall conduct meetings that are open to the public to periodically make available, in a general manner that does not reveal information made confidential pursuant to state or federal law, the aggregate findings of its reviews and its recommendations. (d) All information made confidential pursuant to state or federal law acquired by the commission in the exercise of its duties: (1) Remains confidential after being acquired by the commission; (2) Is not subject to discovery or introduction into evidence in any criminal or civil proceedings; and (3) May only be disclosed as necessary to carry out the purposes of this part. (e) Subsection (d) shall not prohibit a person from testifying in a civil or criminal action about matters within such person's knowledge that was obtained independently from any commission meeting. Acts 2010, ch. 1060, § 1.
(a) Notwithstanding any law to the contrary, the commission may access information made confidential pursuant to chapter 1 of this title.
(b) (1) Except as provided in subsection (c), investigatory meetings of the commission shall not be subject to title 8, chapter 44, part 1 and shall be closed to the public. Any minutes or other information made confidential pursuant to state or federal law and generated during an investigatory meeting shall be sealed from public inspection; provided that the commission shall comply with subsection (c). (2) Each statutory member of the commission and each person otherwise attending an investigatory meeting shall sign a statement prepared by the commission indicating and affirming an understanding of and adherence to the confidentiality requirements, including the possible civil or criminal consequences of any violation or breach of such requirements.
(1) Except as provided in subsection (c), investigatory meetings of the commission shall not be subject to title 8, chapter 44, part 1 and shall be closed to the public. Any minutes or other information made confidential pursuant to state or federal law and generated during an investigatory meeting shall be sealed from public inspection; provided that the commission shall comply with subsection (c).
(2) Each statutory member of the commission and each person otherwise attending an investigatory meeting shall sign a statement prepared by the commission indicating and affirming an understanding of and adherence to the confidentiality requirements, including the possible civil or criminal consequences of any violation or breach of such requirements.
(c) Notwithstanding subsection (b), the commission shall conduct meetings that are open to the public to periodically make available, in a general manner that does not reveal information made confidential pursuant to state or federal law, the aggregate findings of its reviews and its recommendations.
(d) All information made confidential pursuant to state or federal law acquired by the commission in the exercise of its duties: (1) Remains confidential after being acquired by the commission; (2) Is not subject to discovery or introduction into evidence in any criminal or civil proceedings; and (3) May only be disclosed as necessary to carry out the purposes of this part.
(1) Remains confidential after being acquired by the commission;
(2) Is not subject to discovery or introduction into evidence in any criminal or civil proceedings; and
(3) May only be disclosed as necessary to carry out the purposes of this part.
(e) Subsection (d) shall not prohibit a person from testifying in a civil or criminal action about matters within such person's knowledge that was obtained independently from any commission meeting.
Acts 2010, ch. 1060, § 1.
Tenn. Code Ann. § 37-3-101 — TN Code / Title 37 / Chapter 3 / Section 37-3-101
Short title
Status: in_force

This part shall be known and may be cited as the "Tennessee Commission on Children and Youth Act of 1988." Acts 1988, ch. 979, § 2.
This part shall be known and may be cited as the "Tennessee Commission on Children and Youth Act of 1988."
Acts 1988, ch. 979, § 2.