reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 2 - SPECIAL LIABILITY RULES (§§ 33-3-201 — 33-3-221) › Section 33-3-210 - Reporting to local law enforcement by a qualified mental health professional or behavior analyst of an actual threat of serious bodily harm or death against an identifiable victim

(a)
If a service recipient has communicated to a qualified mental health professional or behavior analyst an actual threat of serious bodily harm or death against a reasonably identifiable victim or victims, the qualified mental health professional or behavior analyst, using the reasonable skill, knowledge, and care ordinarily possessed and exercised by the professional's specialty under similar circumstances, who has determined or reasonably should have determined that the service recipient has the apparent ability to commit such an act and is likely to carry out the threat unless prevented from doing so, shall immediately report the service recipient to local law enforcement, who shall take appropriate action based upon the information reported.
(b)
If a mental health professional or behavior analyst is required to report pursuant to subsection (a), the professional or analyst shall report the following information:
(1)
Complete name and all aliases of the service recipient;
(2)
Name of the mental health professional or behavior analyst and the name of the private or state hospital or treatment resource from which the individual may be receiving services;
(3)
Date of birth of the service recipient;
(4)
Race and sex of the service recipient; and
(5)
Social security number of the service recipient if available.
(c)
The information in subdivisions (b)(1)-(3), the confidentiality of which is protected by other statutes or regulations, shall be maintained as confidential and not subject to public inspection pursuant to such statutes or regulations, except for such use as may be necessary in the conduct of any proceedings pursuant to §§
39-17-1316
,
39-17-1353
and
39-17-1354
.
Amended by 2018 Tenn. Acts, ch. 799, s 4, eff. 7/1/2018.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 2 - SPECIAL LIABILITY RULES (§§ 33-3-201 — 33-3-221) › Section 33-3-212 - Immunity for refusal to perform act prohibited by this title

IF
(1)
(A)
a person has refused to perform any act that is prohibited by or is not lawful under this title, OR
(B)
a person has relinquished authority over a service recipient based on a decision by another to whom this title gives express authority to make the decision,
THEN
(2)
no monetary liability and no cause of action may arise against the person or the service provider in whose service the person was acting for the conduct.
Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 2 - SPECIAL LIABILITY RULES (§§ 33-3-201 — 33-3-221) › Section 33-3-217 - Uniform assessment process for determining recipient's decision making capacity

The department shall by rule prescribe a uniform assessment process by which to determine whether a service recipient lacks capacity to make decisions on issues within the meaning of §
33-3-218
.
Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 2 - SPECIAL LIABILITY RULES (§§ 33-3-201 — 33-3-221) › Section 33-3-218 - Decision making capacity of recipient

IF
(1)
(A)
[Deleted by 2024 amendment]
(B)
a service recipient, due to a diagnosed mental illness or serious emotional disorder, is unable to make an informed decision about application to a hospital or inpatient treatment resource under §
33-6-201
, requesting discharge under §
33-6-206
, inpatient mental health treatment, release of information, or getting information, AND
(2)
the incapacity is shown by the fact that the person is not able to understand the proposed procedure, its risks and benefits, or the available alternative procedures,
THEN
(3)
the person "lacks capacity" under this title for decision about that matter at this time.
Amended by 2024 Tenn. Acts, ch. 688,s 66, eff. 7/1/2024.
Acts 2000, ch. 947, § 1; 2002, ch. 730, § 18; 2005, ch. 150, § 1; 2010 , ch. 734, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 2 - SPECIAL LIABILITY RULES (§§ 33-3-201 — 33-3-221) › Section 33-3-219 - [Repealed]

Repealed by 2024 Tenn. Acts, ch. 688,s 67, eff. 7/1/2024.
Acts 2000, ch. 947, § 1; 2002, ch. 730, § 19.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 2 - SPECIAL LIABILITY RULES (§§ 33-3-201 — 33-3-221) › Section 33-3-220 - [Repealed]

Repealed by 2024 Tenn. Acts, ch. 688,s 67, eff. 7/1/2024.
Acts 2000, ch. 947, § 1; 2002, ch. 730, § 20.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 2 - SPECIAL LIABILITY RULES (§§ 33-3-201 — 33-3-221) › Section 33-3-221 - [Repealed]

Repealed by 2024 Tenn. Acts, ch. 688,s 67, eff. 7/1/2024.
Acts 2000, ch. 947, § 1; 2002, ch. 730, § 20.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 3 - TRANSFERS OF RESIDENTIAL SERVICE RECIPIENTS (§§ 33-3-301 — 33-3-303) › Section 33-3-302 - Transfer to veterans' administration facilities

Upon receipt of a certificate of the veterans' administration that facilities are available for the care or treatment of a person ordered hospitalized pursuant to chapter 6, part 5 of this title, in any hospital for the care or treatment of persons with mental illness or serious emotional disturbance and that the person is eligible for care or treatment in a veterans' hospital or facility of the agency located in this state, the commissioner may cause the person's transfer to the veterans' hospital or facility of the United States for hospitalization in this state. No person shall be transferred to a veterans' hospital or facility of the United States if the person is confined based on conviction of a criminal offense, or if the person has been acquitted of the charge solely on the ground of mental illness, unless prior to the transfer, the court originally ordering confinement of the person enters an order for the transfer after appropriate motion and hearing. A person transferred to a veterans' hospital or facility shall be considered to be hospitalized by the veterans' administration of the United States under the original order of hospitalization.
Acts 1965, ch. 38, § 4(b); T.C.A., § 33-610; Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 3 - TRANSFERS OF RESIDENTIAL SERVICE RECIPIENTS (§§ 33-3-301 — 33-3-303) › Section 33-3-303 - Transfer of nonresident

(a)
The commissioner may provide for and authorize the transportation and transfer from this state to the service recipient's state of residence of a person with mental illness or serious emotional disturbance who is a resident of a state not party to the Interstate Compact on Mental Health, codified in §
33-9-201
, if the nonparty state has reciprocal statutes conferring similar authority and if the service recipient meets the applicable standards for service under this title other than any requirement of being a state resident.
(b)
(1)
Subject to the availability of suitable accommodations, a nonresident person with mental illness or serious emotional disturbance may be hospitalized or admitted under this title for observation, diagnosis and treatment, but in no case for a period longer than thirty (30) days, pending transfer to the state of residence.
(2)
However, the commissioner may designate certain nonresident persons with mental illness or serious emotional disturbance, not to exceed a total of one hundred (100), as "commissioner's service recipients," who because of their nonresident status in Tennessee are not entitled to hospitalization or admission in this state, but who, having families residing in the state, may be eligible for psychiatric hospitalization or admission, care and treatment for compassionate reasons.
Amended by 2024 Tenn. Acts, ch. 688,s 69, eff. 7/1/2024.
Acts 1955, ch. 187, § 1; 1965, ch. 38, § 26; 1965, ch. 295, § 1; 1974, ch. 802, § 32; 1975, ch. 248, § 1; T.C.A., §§ 33-319, 33-1101; Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 4 - TRANSFERS FROM DEPARTMENT OF CORRECTION AND DEPARTMENT OF CHILDREN'S SERVICES (§§ 33-3-401 — 33-3-412) › Section 33-3-401 - Mentally ill or intellectually disabled minors in youth development centers

(a)
If the chief officer of a youth development center of the department of children's services determines, on the basis of a written report of a licensed physician or licensed psychologist designated as a health service provider, that a person in the youth development center:
(1)
Has serious emotional disturbance, mental illness, or intellectual disability; and
(2)
Is in need of residential care and treatment for the condition that cannot be provided by the department of children's services and that can be provided at a residential facility of the department of mental health and substance abuse services, the chief officer of the youth development center shall order the person's transfer and shall notify the person of the decision and the reasons in writing not less than twenty-four (24) hours in advance of the proposed transfer.
(b)
(1)
If the person does not object to the transfer within twenty-four (24) hours of notice of the proposed transfer, the person shall be transferred to the appropriate residential program of the department of mental health and substance abuse services that is designated by the commissioner of mental health and substance abuse services as having available suitable accommodations. The department of children's services shall retain legal custody of the person after the person has been transferred to an appropriate residential program of the department of mental health and substance abuse services.
(2)
If the person objects to the transfer within twenty-four (24) hours of notice of the proposed transfer, the chief officer of the youth development center shall convene a transfer committee not less than seven (7) nor more than fourteen (14) days thereafter, and the person shall remain in the youth development center pending the decision of the transfer committee.
Amended by 2024 Tenn. Acts, ch. 688,s 70, eff. 7/1/2024.
Acts 1984, ch. 922, § 34; 1989, ch. 278, § 30; 1989, ch. 513, § 5; 1992, ch. 991, § 13; 1996, ch. 1079, §§ 40-42; 2000, ch. 947, §§ 1, 6; 2010 , ch. 734, § 1; 2010 , ch. 1100, § 36; 2012 , ch. 575, §§ 1, 2.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 4 - TRANSFERS FROM DEPARTMENT OF CORRECTION AND DEPARTMENT OF CHILDREN'S SERVICES (§§ 33-3-401 — 33-3-412) › Section 33-3-402 - Mentally ill or intellectually disabled adult inmates

(a)
If the director of a facility of the department of correction determines, on the basis of a written report of a licensed physician or a licensed psychologist with health service provider designation, that a person in the director's custody:
(1)
Has mental illness or serious emotional disturbance; and
(2)
Is in need of residential care and treatment for the condition that cannot be provided at an appropriate facility of the department of correction and that can be provided at an appropriate residential program of the department of mental health and substance abuse services,
the director shall order the person's transfer and shall notify the person of the decision and the reasons in writing not less than twenty-four (24) hours in advance of the proposed transfer.
(b)
(1)
If the person is competent and waives in writing the right to a transfer hearing, the person shall be transferred to the custody of the commissioner at a secure facility that is designated by the commissioner as having available suitable accommodations.
(2)
If the person does not so waive the right to a hearing, the director shall convene a transfer committee not less than seven (7) nor more than fourteen (14) days thereafter, and the person shall remain in the facility of the department of correction pending the decision of the transfer committee.
Amended by 2024 Tenn. Acts, ch. 688,s 71, eff. 7/1/2024.
Acts 1984, ch. 922, § 34; 2000, ch. 947, §§ 1, 6; 2004, ch. 565, § 6; 2010 , ch. 734, § 1; 2010 , ch. 1100, § 37; 2012 , ch. 575, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 4 - TRANSFERS FROM DEPARTMENT OF CORRECTION AND DEPARTMENT OF CHILDREN'S SERVICES (§§ 33-3-401 — 33-3-412) › Section 33-3-404 - Transfer committees - Appointment of members

A transfer committee consists of five (5) persons. If the person to be transferred is in the custody of the department of children's services, the commissioner of children's services shall appoint two (2) members of the committee, neither of whom may be the transferring chief officer. If the person to be transferred is in the custody of the department of correction, the commissioner of correction shall appoint two (2) members of the committee, neither of whom may be the transferring director. The commissioner of mental health and substance abuse services, shall appoint three (3) members to review transfers of adults and two (2) members to review transfers of children. The executive director of the state commission on children and youth or the director's designee shall be a member of a transfer committee that reviews transfers of children. The committee members shall serve at the pleasure of the appointing commissioners. The commissioners may appoint alternate committee members.
Amended by 2024 Tenn. Acts, ch. 688,s 72, eff. 7/1/2024.
Acts 1984, ch. 922, § 34; 1989, ch. 278, § 31; 1996, ch. 1079, § 47; 2000, ch. 947, § 1; 2010 , ch. 1100, § 39; 2012 , ch. 575, § 2.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 4 - TRANSFERS FROM DEPARTMENT OF CORRECTION AND DEPARTMENT OF CHILDREN'S SERVICES (§§ 33-3-401 — 33-3-412) › Section 33-3-405 - Transfer committee - Chair - Vice chair - Voting - Hearings - Rights of transferees - Evidence

(a)
The committee may elect a chair and a vice chair. The committee shall act by majority vote. No member of the committee is disqualified to participate in a hearing by virtue of prior knowledge of the case. The chair may postpone the hearing for a reasonable time upon request of the person whose transfer is proposed to permit that person to obtain counsel and witnesses. In the hearing, the committee shall receive all relevant evidence. The transferee shall be permitted to speak personally and by counsel and to present witnesses.
(b)
Transfer committee proceedings under this part are not governed by the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 1984, ch. 922, § 34; 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 4 - TRANSFERS FROM DEPARTMENT OF CORRECTION AND DEPARTMENT OF CHILDREN'S SERVICES (§§ 33-3-401 — 33-3-412) › Section 33-3-406 - Approval or disapproval of transfer

(a)
If the committee determines that the transfer meets the standards for a transfer under this part, it shall approve the transfer. The chair shall immediately give the person written notice of the committee's decision and a summary of the factual basis for the decision and a complaint form for review of the transfer in the circuit court under part 7 of this chapter.
(b)
If the transfer committee determines that the transfer does not meet the standards for a transfer under this part, it shall disapprove the transfer, and if the person has already been transferred, shall order the person returned to the transferring facility. The chair shall immediately give the person written notice of the committee's decision and a summary of the factual basis for the decision.
Acts 1984, ch. 922, § 34; 1989, ch. 513, § 6; 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 4 - TRANSFERS FROM DEPARTMENT OF CORRECTION AND DEPARTMENT OF CHILDREN'S SERVICES (§§ 33-3-401 — 33-3-412) › Section 33-3-407 - When person to be transferred

(a)
The person shall be transferred five (5) days after the receipt of the committee's notice if the person has not filed a complaint under part 7 of this chapter.
(b)
The person may be transferred immediately after receipt of the notice if the person is competent and consents in writing to the transfer.
Acts 1984, ch. 922, § 34; 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 4 - TRANSFERS FROM DEPARTMENT OF CORRECTION AND DEPARTMENT OF CHILDREN'S SERVICES (§§ 33-3-401 — 33-3-412) › Section 33-3-408 - Determination of appropriateness of transfer

(a)
Within five (5) days, excluding Saturdays, Sundays, and legal holidays, after any transfer made without objection by the transferee under §
33-3-401
or §
33-3-402
, or any transfer under §
33-3-403
, the chief officer of the receiving facility of the department shall determine whether the transfer was appropriate under this part.
(b)
(1)
If the chief officer determines that the transfer of a person in the custody of the department of correction was not appropriate, the chief officer shall immediately transfer the person back to the custody of the department of correction.
(2)
If the chief officer of the receiving department facility determines that the transfer of a person in the custody of the department of children's services was not appropriate, the chief officer shall immediately transfer the person back to the youth development center or other appropriate program designated by the commissioner of children's services.
(3)
If the chief officer determines that the transfer was appropriate, the chief officer shall immediately give the person written notice of the decision.
Amended by 2024 Tenn. Acts, ch. 688,s 73, eff. 7/1/2024.
Acts 1984, ch. 922, § 34; 1987, ch. 143, § 2; 1989, ch. 278, § 33; 1989, ch. 513, § 7; 1996, ch. 1079, §§ 48, 49; 2000, ch. 947, §§ 1, 6; 2004, ch. 565, § 7; 2010 , ch. 734, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 4 - TRANSFERS FROM DEPARTMENT OF CORRECTION AND DEPARTMENT OF CHILDREN'S SERVICES (§§ 33-3-401 — 33-3-412) › Section 33-3-409 - Return of transferee from public facility

(a)
If the chief officer of a receiving facility of the department or, upon approval by the commissioner, the chief officer of a private facility that operates a program for the department determines more than five (5) days, excluding Saturdays, Sundays, and legal holidays, after a person has been transferred, that a person no longer meets the standards for a transfer under this part or that residential care and treatment in the facility are no longer advisable or beneficial, the chief officer shall order the person's return to the department of correction or the department of children's services.
(b)
The chief officer shall notify the person of the decision in writing not less than seventy-two (72) hours in advance of the proposed transfer. If the person does not object within seventy-two (72) hours of the notice to the proposed return, the person shall be returned to the department of correction or the department of children's services. If the person objects within seventy-two (72) hours of the notice, the chief officer shall convene a transfer committee to review the decision not less than seven (7) days nor more than fourteen (14) days thereafter. The person shall remain at the facility pending the decision of the transfer committee.
(c)
If the transfer committee determines that the person no longer meets the standards for a transfer under this part or that residential care and treatment in the facility are no longer advisable or beneficial, it shall approve the transfer.
(d)
The decision of a transfer committee approving or disapproving a transfer under this section is final. The judicial remedy and procedures under part 7 of this chapter do not apply to the transfer committee decision.
Acts 1984, ch. 922, § 34; 1988, ch. 828, § 1; 1989, ch. 278, § 33; 1989, ch. 513, §§ 8-12; 1996, ch. 1079, § 50; 2000, ch. 947, §§ 1, 6.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 4 - TRANSFERS FROM DEPARTMENT OF CORRECTION AND DEPARTMENT OF CHILDREN'S SERVICES (§§ 33-3-401 — 33-3-412) › Section 33-3-410 - Return of transferee from private facility

(a)
If the chief officer of a private facility that operates a program for the department determines that residential care and treatment of a transferee in the facility are no longer advisable or beneficial, the chief officer shall notify the transferee and the commissioner of the determination and of the basis for it.
(b)
If the commissioner, after receipt of the notice, determines that an emergency exists and that the determination appears to be correct, the commissioner shall order the transfer immediately to a facility of the department. Within seven (7) days after the transfer, the commissioner shall have a transfer committee composed only of three (3) persons appointed by the commissioner hold a hearing to determine whether residential care and treatment of a transferee in the transferring facility are no longer advisable or beneficial. If the committee determines that the chief officer was correct, it shall approve the transfer. Otherwise, the committee shall order the person returned to the transferring facility or to another appropriate facility.
(c)
If the commissioner, after receipt of the notice, determines that an emergency does not exist and that the determination appears to be correct, the commissioner shall have a transfer committee composed only of three (3) persons appointed by the commissioner hold a hearing not less than seven (7) nor more than fourteen (14) days after receipt of the notice to determine whether residential care and treatment of a transferee in the transferring facility are no longer advisable or beneficial. If the committee determines that the chief officer was correct, it shall approve the transfer. Otherwise, the committee shall disapprove the transfer. The person shall remain in the transferring facility until the committee has made its determination.
Acts 1984, ch. 922, § 34; 2000, ch. 947, §§ 1, 6.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 4 - TRANSFERS FROM DEPARTMENT OF CORRECTION AND DEPARTMENT OF CHILDREN'S SERVICES (§§ 33-3-401 — 33-3-412) › Section 33-3-411 - Runaways - Custody

If a transferee runs away from a department facility or a program that is operated by a private contractor for the department and is taken into custody within thirty (30) days after running away, the transferee shall be returned to the custody of the commissioner at a facility designated by the commissioner. If a transferee runs away from the facility or program and is taken into custody more than thirty (30) days after running away, the department that initiated the transfer shall designate a facility or program at which the transferee shall be returned to the custody of the transferring department.
Acts 1984, ch. 922, § 34; 1989, ch. 278, §§ 32, 33; 1996, ch. 1079, § 51; 2000, ch. 947, §§ 1, 6.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 4 - TRANSFERS FROM DEPARTMENT OF CORRECTION AND DEPARTMENT OF CHILDREN'S SERVICES (§§ 33-3-401 — 33-3-412) › Section 33-3-412 - Emergency residential care and treatment for minors in youth development centers

(a)
The chief officer of a youth development center shall immediately have a person transferred to a facility of the department designated by the commissioner, if the chief officer of the youth development center of the department of children's services determines, on the basis of a written report of a licensed physician or a licensed psychologist designated as a health service provider, that the person in the youth development center:
(1)
Has a serious emotional disturbance or mental illness; and
(2)
Is in need of emergency residential care and treatment for the condition that cannot be provided at the youth development center and that can be provided by an appropriate residential program of the department.
(b)
When a person in the custody of the department of children's services is transferred to a facility of the department under this section, the chief officer of the receiving facility shall convene a transfer committee not less than seven (7) nor more than fourteen (14) days thereafter, unless the person is returned to the youth development center or other appropriate program of the department of children's services before the scheduled hearing date.
Acts 1996, ch. 1079, § 46; 2000, ch. 947, §§ 1, 6; 2010, ch. 1100, § 24.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 5 - JUDICIAL PROCEDURES GENERALLY (§§ 33-3-501 — 33-3-506) › Section 33-3-501 - Patient or resident not released during pendency of proceedings - Exceptions

(a)
Notwithstanding any other provisions of this title, no person with mental illness or serious emotional disturbance with respect to whom proceedings for hospitalization or admission under a court order have been commenced, shall be released or discharged during the pendency of the proceedings, unless ordered by the court upon application of the person with mental illness or serious emotional disturbance or of the parent, legal guardian, legal custodian, conservator, spouse or adult next of kin of the person, or upon the report of the chief officer that the person with mental illness or serious emotional disturbance may be discharged with safety.
(b)
This section does not limit the duties to release persons with mental illness or serious emotional disturbance imposed by § ,
33-6-207
, and chapter 6.
Amended by 2024 Tenn. Acts, ch. 688,s 74, eff. 7/1/2024.
Acts 1965, ch. 38, § 7; 1974, ch. 802, § 23; 1978, ch. 533, § 5; 1983, ch. 323, § 12; T.C.A., § 33-310; Acts 1985, ch. 437, § 11; 1996, ch. 1079, § 52; 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 5 - JUDICIAL PROCEDURES GENERALLY (§§ 33-3-501 — 33-3-506) › Section 33-3-502 - Record of proceedings - Copy of court order with recipient's history to hospital or developmental center

(a)
In all judicial proceedings under this title the clerk of the court in which the proceedings are held shall keep a careful and accurate record of the proceedings.
(b)
(1)
Whenever, in a judicial proceeding under this title, a person has been ordered hospitalized or admitted, the clerk of the court shall immediately communicate the action of the court to the chief officer of the hospital.
(2)
A copy of the court order shall be forwarded to the hospital or developmental center, together with a personal and family history of the person with mental illness or serious emotional disturbance, that the clerk shall complete, and any other forms or documents required by rules of the department.
(3)
The department shall furnish a supply of all necessary forms to the clerks of the various courts.
(c)
The clerk may communicate to the chief officer of the hospital the cost that shall be included in the costs and expenses of the case.
Amended by 2024 Tenn. Acts, ch. 688,s 75, eff. 7/1/2024.
Acts 1965, ch. 38, § 16; 1974, ch. 802, § 24; 1975, ch. 248, § 1; T.C.A., § 33-311; Acts 2000, ch. 947, §§ 1, 6.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 5 - JUDICIAL PROCEDURES GENERALLY (§§ 33-3-501 — 33-3-506) › Section 33-3-503 - Costs of proceedings

(a)
The reasonable costs incurred in judicial proceedings under this title shall be paid by the subject of the proceedings or the subject's estate or by the subject's responsible relatives and shall be a charge upon the estate of those liable.
(b)
The reasonable costs incurred in judicial proceedings filed by the chief officer of a department facility to have a guardian or conservator appointed under title 34, shall be paid by the subject of the proceedings in conformity with that law.
(c)
(1)
If a subject of proceedings under this title is indigent and does not have responsible relatives able to pay the costs or if a subject of guardianship or conservatorship proceedings filed by the chief officer of a department facility is indigent under the guardianship or conservatorship law under title 34, the state shall pay the costs.
(2)
For the purpose of subdivision (c)(1), the supreme court shall prescribe by rule the nature of costs for which reimbursement may be allowed, and limitations on and conditions for reimbursement of costs as it deems appropriate in the public interest, subject to this section. The rules shall also specify the form and content of applications for reimbursement of costs to be filed under this section. The administrative director of the courts shall administer this subsection (c) and rules adopted under this subsection (c), and shall audit and review all applications for reimbursement of costs. Upon finding payment to be in order, the administrative director of the courts shall process the payment from money appropriated for that purpose.
(d)
In any case where the subject of the proceedings is judicially determined not to be involuntarily hospitalized, committed, or transferred, the costs may be taxed against the person who seeks hospitalization, commitment, or transfer of the subject of the proceedings.
(e)
The court may require any petitioner to file an undertaking with surety to be approved by the court in an amount the court considers proper to assure the payment of costs and expenses and to save harmless the respondent by reason of costs incurred, including attorney's fees, if any, and damages suffered by the respondent as a result of the action.
(f)
Witnesses subpoenaed to appear in proceedings held under this title shall be paid fees and mileage as provided by law for witnesses generally.
Acts 1965, ch. 38, § 17; 1974, ch. 802, § 25; 1976, ch. 763, § 2; T.C.A., § 33-312; Acts 1984, ch. 922, § 3; 1985, ch. 437, § 12; 1993, ch. 66, § 44; 2000, ch. 947, § 1; 2001, ch. 349, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 5 - JUDICIAL PROCEDURES GENERALLY (§§ 33-3-501 — 33-3-506) › Section 33-3-504 - Physician, psychologist, or other person, as witness

A physician, psychologist, person designated by the commissioner under §
33-6-427(b)
, or other professional who makes an application or conducts an examination under this title is a competent and compellable witness at any judicial proceeding conducted under it.
Acts 1983, ch. 323, § 15; T.C.A., § 33-355; Acts 1993, ch. 356, § 4; 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 5 - JUDICIAL PROCEDURES GENERALLY (§§ 33-3-501 — 33-3-506) › Section 33-3-505 - Use of audio visual technology in judicial proceeding

(a)
(1)
Any judicial proceeding under this title may be conducted by the use of audio visual technology as set out in this section.
(2)
For proceedings under chapter 6, part 4 of this title, the use of audio visual technology is permissible at the court's discretion, but the court may grant any reasonable request by counsel, a party, or a guardian ad litem to conduct the proceedings in the physical presence of the court.
(3)
For any other proceedings under this title, the use of audio visual technology is permissible with the agreement of all parties and at the court's discretion.
(b)
Subject to the availability of suitable equipment and notwithstanding any law to the contrary, proceedings may be conducted through two-way electronic audio-video communication without the physical presence of the defendant, plaintiff, witnesses or attorneys before the court. Any such hearing must be conducted so that:
(1)
The defendant, plaintiff, and judge can see and hear each other throughout the entire hearing, except for the private communications excluded under subdivision (b)(5);
(2)
The judge, defendant, plaintiff and their attorneys can see and hear all witnesses while they testify orally during the hearing;
(3)
The judge, defendant, plaintiff and their attorneys can hear all questions asked of witnesses during their testimony;
(4)
The judge, defendant, plaintiff and their attorneys can hear all questions, statements, objections, motions and arguments of any attorney or party participating in the hearing; and
(5)
The defendant and defendant's attorney and plaintiff and plaintiff's attorney can communicate privately with each other during the hearing.
Acts 2004, ch. 929, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 5 - JUDICIAL PROCEDURES GENERALLY (§§ 33-3-501 — 33-3-506) › Section 33-3-506 - Delivery of pleadings and certificates of need for care and treatment by telefax transmission

Pleadings and any certificates of need for care and treatment that must be filed in proceedings under this chapter, and chapters 5-8 of this title may be delivered to the court by telefax transmission in conformity with the Tennessee Rules of Civil Procedure.
Acts 2004, ch. 929, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 6 - JUDICIAL PROCEDURES FOR RESIDENTIAL TREATMENT (§§ 33-3-601 — 33-3-620) › Section 33-3-601 - Application of part

This part governs only proceedings under statutes that designate use of this part.
Acts 1983, ch. 323, § 9; T.C.A., § 33-360; Acts 1987, ch. 143, § 7; 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 6 - JUDICIAL PROCEDURES FOR RESIDENTIAL TREATMENT (§§ 33-3-601 — 33-3-620) › Section 33-3-602 - Contents of complaint for commitment

A complaint for commitment shall be sworn and shall show that the defendant is subject to involuntary care and treatment under the commitment statute on which the complaint is based, and shall be accompanied either by a sworn statement by the plaintiff that the defendant has refused to be examined by certifying professionals or by certificates of need as required by the commitment statute showing:
(1)
That the certifying professionals have examined the defendant within three (3) days of the date of the certificate;
(2)
That they are of the opinion that the defendant is subject to involuntary care and treatment under the commitment statute; and
(3)
The factual foundation for their conclusions on each item of the commitment statute.
Acts 1983, ch. 323, § 9; T.C.A., § 33-361; Acts 1984, ch. 922, § 16; 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 6 - JUDICIAL PROCEDURES FOR RESIDENTIAL TREATMENT (§§ 33-3-601 — 33-3-620) › Section 33-3-603 - Jurisdiction and venue

(a)
The complaint may be filed in a county in which the defendant resides or may be found. If the defendant is in a hospital or treatment resource, the complaint shall be filed where the person is, and jurisdiction of the proceedings may be transferred for good cause to the court of residence. This venue requirement does not apply to complaints filed in accordance with §
33-7-301
or §
33-7-303
.
(b)
Except as otherwise expressly provided in this title, only the following courts have jurisdiction over the complaint:
(1)
Chancery court;
(2)
Circuit court;
(3)
Juvenile courts in proceedings held by judges who are lawyers or by referees;
(4)
Probate court in counties having a population of more than four hundred thousand (400,000) according to the 1980 federal census or any subsequent federal census; and
(5)
Court of general sessions in counties having a metropolitan form of government and having a population of more than four hundred thousand (400,000) according to the 1990 federal census or any subsequent federal census; provided, that the jurisdiction conferred by this subdivision (b)(5) is conferred only for petitions concerning mandatory outpatient treatment.
Amended by 2024 Tenn. Acts, ch. 688,s 76, eff. 7/1/2024.
Acts 1983, ch. 323, § 9; T.C.A., § 33-362; Acts 1984, ch. 922, § 16; 1985, ch. 437, § 13; 1986, ch. 570, § 4; 1986, ch. 836, § 5; 1994, ch. 743, § 1; 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 6 - JUDICIAL PROCEDURES FOR RESIDENTIAL TREATMENT (§§ 33-3-601 — 33-3-620) › Section 33-3-605 - Service on defendant

Upon receipt of a complaint, the clerk shall have a copy of the complaint with a notice of the time and place of the hearing, the defendant's right to counsel, and the standards for commitment that apply to the proceeding served on the defendant by personal service if the person is at liberty, or by mail, if the person is not at liberty, and shall send a copy by mail to the defendant's attorney, the chief officer of a facility in which the defendant is, and the defendant's legal guardian, legal custodian, or conservator, if any, and to the spouse, parent, or adult next of kin if there is no guardian or conservator. If mailing addresses are unknown, notice may be given by any other reasonable means.
Acts 1983, ch. 323, § 9; T.C.A., § 33-364; Acts 1984, ch. 922, §§ 16, 17; 1987, ch. 143, § 3; 1996, ch. 1079, § 53; 2000, ch. 947, §§ 1, 6.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 6 - JUDICIAL PROCEDURES FOR RESIDENTIAL TREATMENT (§§ 33-3-601 — 33-3-620) › Section 33-3-606 - Time for hearing

The hearing shall be held as soon as possible, but not more than twenty (20) days after the complaint was filed, except that the court may continue the hearing for up to ten (10) days for good cause and may continue the hearing for as long as necessary to impanel a jury if the defendant demands a jury trial.
Acts 1983, ch. 323, § 9; T.C.A., § 33-365; Acts 1984, ch. 922, §§ 16, 18; 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 6 - JUDICIAL PROCEDURES FOR RESIDENTIAL TREATMENT (§§ 33-3-601 — 33-3-620) › Section 33-3-607 - Examination of defendant - Detention and release

If the complaint includes or is accompanied by a sworn statement by the plaintiff that the defendant has refused to be examined by certifying professionals and the court finds that probable cause exists to believe that the defendant is subject to involuntary care and treatment and has refused to be examined by a certifying professional, the court shall order a law enforcement officer to take the defendant into custody for an examination by two (2) certifying professionals who meet the requirements of the commitment statute. The defendant may be detained for the period required to complete the examinations, but not more than forty-eight (48) hours. Upon completion of the examinations, the person shall be released, and the certifying professionals shall report their findings to the court. For good cause, the court may order further examination, including independent examination, as to the mental condition of the person and may continue the hearing until the report of the examination is made to the court.
Acts 1983, ch. 323, § 9; T.C.A., § 33-366; Acts 1984, ch. 922, §§ 16, 19; 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 6 - JUDICIAL PROCEDURES FOR RESIDENTIAL TREATMENT (§§ 33-3-601 — 33-3-620) › Section 33-3-608 - Attorney - Notification of representation - Appointment by court

The defendant's attorney shall notify the court of the representation immediately after accepting it. If the defendant does not employ an attorney, the court shall appoint an attorney to represent the defendant not less than five (5) days in advance of the hearing. An attorney representing the defendant shall not serve as guardian ad litem. If the court determines that the defendant is not able to understand the nature of the proceedings and cannot communicate with counsel in the conduct of the case, the court may appoint another person to serve as the defendant's guardian ad litem.
Acts 1983, ch. 323, § 9; T.C.A., § 33-367; Acts 1984, ch. 922, §§ 16, 20; 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 6 - JUDICIAL PROCEDURES FOR RESIDENTIAL TREATMENT (§§ 33-3-601 — 33-3-620) › Section 33-3-609 - Jury trial

Either party may demand a jury trial on the issues.
Acts 1983, ch. 323, § 9; T.C.A., § 33-368; Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 6 - JUDICIAL PROCEDURES FOR RESIDENTIAL TREATMENT (§§ 33-3-601 — 33-3-620) › Section 33-3-610 - Place of hearing

The hearing shall be conducted in a place where the court is usually held or in a physical setting not likely to have a harmful effect on the mental condition of the defendant. No hearing shall be conducted in a jail or other custodial facility for the detention of persons charged with or convicted of criminal offenses. The court shall determine the place of the hearing and may exclude the public from the hearing on motion of the defendant if the interests of the defendant and the public would best be served by exclusion.
Acts 1983, ch. 323, § 9; T.C.A., § 33-369; Acts 1984, ch. 922, § 16; 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 6 - JUDICIAL PROCEDURES FOR RESIDENTIAL TREATMENT (§§ 33-3-601 — 33-3-620) › Section 33-3-611 - Transportation to hearing

The chief officer of a facility in which the defendant is found shall arrange for suitable transportation of the person to the court where the hearing is to be held, except that the sheriff shall provide transportation if the defendant has been committed in connection with criminal charges.
Acts 1983, ch. 323, § 9; T.C.A., § 33-370; Acts 1984, ch. 922, §§ 16, 19; 2000, ch. 947, § 1.