reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 6 - CHILD CUSTODY AND VISITATION (§§ 36-6-101 — 36-6-702) › Part 6 - UNIFORM CHILD ABDUCTION PREVENTION ACT (§§ 36-6-601 — 36-6-612) › Section 36-6-609 - Warrant to take physical custody of child

(a)
If a petition under this part contains allegations, and the court finds that there is a credible risk that the child is imminently likely to be wrongfully removed, the court may issue an ex parte warrant to take physical custody of the child.
(b)
The respondent on a petition under subsection (a) must be afforded an opportunity to be heard at the earliest possible time after the ex parte warrant is executed, but not later than the next judicial day unless a hearing on that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible.
(c)
An ex parte warrant under subsection (a) to take physical custody of a child must:
(1)
Recite the facts upon which a determination of a credible risk of imminent wrongful removal of the child is based;
(2)
Direct law enforcement officers to take physical custody of the child immediately;
(3)
State the date and time for the hearing on the petition; and
(4)
Provide for the safe interim placement of the child pending further order of the court.
(d)
If feasible, before issuing a warrant and before determining the placement of the child after the warrant is executed, the court may order a search of the relevant databases of the national crime information center system and similar state databases to determine if either the petitioner or respondent has a history of domestic violence, stalking, or child abuse or neglect.
(e)
The petition and warrant must be served on the respondent when or immediately after the child is taken into physical custody.
(f)
A warrant to take physical custody of a child, issued by this state or another state, is enforceable throughout this state. If the court finds that a less intrusive remedy will not be effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances, the court may authorize law enforcement officers to make a forcible entry at any hour.
(g)
If the court finds after a hearing that a petitioner sought an ex parte warrant under subsection (a) for the purpose of harassment or in bad faith, the court may award the respondent reasonable attorney's fees, costs, and expenses.
(h)
This part does not affect the availability of relief allowed under the law of this state other than this part.
Acts 2010, ch. 832, § 1.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 6 - CHILD CUSTODY AND VISITATION (§§ 36-6-101 — 36-6-702) › Part 6 - UNIFORM CHILD ABDUCTION PREVENTION ACT (§§ 36-6-601 — 36-6-612) › Section 36-6-610 - Duration of abduction prevention order

An abduction prevention order remains in effect until the earliest of:
(1)
The time stated in the order;
(2)
The emancipation of the child;
(3)
The child's attaining eighteen (18) years of age; or
(4)
The time the order is modified, revoked, vacated, or superseded by a court with jurisdiction under §§
36-6-216
- 36-6-218 and other applicable law of this state.
Acts 2010, ch. 832, § 1.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 6 - CHILD CUSTODY AND VISITATION (§§ 36-6-101 — 36-6-702) › Part 6 - UNIFORM CHILD ABDUCTION PREVENTION ACT (§§ 36-6-601 — 36-6-612) › Section 36-6-611 - Uniformity of application and construction

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Acts 2010, ch. 832, § 1.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 6 - CHILD CUSTODY AND VISITATION (§§ 36-6-101 — 36-6-702) › Part 6 - UNIFORM CHILD ABDUCTION PREVENTION ACT (§§ 36-6-601 — 36-6-612) › Section 36-6-612 - Relation to Electronic Signatures in Global and National Commerce Act

This part modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act (
15 U.S.C. § 7001
et seq.), but does not modify, limit, or supersede § 101(c) of the act (
15 U.S.C. § 7001(c)
), or authorize electronic delivery of any of the notices described in § 103(b) of that act (
15 U.S.C. § 7003(b)
).
Acts 2010, ch. 832, § 1.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 6 - CHILD CUSTODY AND VISITATION (§§ 36-6-101 — 36-6-702) › Part 7 (§§ 36-6-NEW — 36-6-702) › Section 36-6-NEW - [Newly enacted section not yet numbered]

(a)
In a custody proceeding, a court shall take into account the training as required by § 36-6-702.
(b)
In a proceeding in which a court makes a custody determination, the court shall not order reunification treatment to reestablish a relationship with a parent or caregiver if a court has made findings against the parent or caregiver under § 36-6-406(a) or (c) or § 37-1-102(b)(27) unless the court finds that reunification efforts are in the best interest of the child. The court shall file written findings of fact that are the basis of its conclusions on that issue in the order addressing reunification. An order of reunification must not cut off contact with a parent who is non-abusive.
(c)
In any proceeding in which a court makes an initial custody or custody modification determination after a court has made findings against a parent or caregiver under § 36-6-406(a) or (c) or § 37-1-102(b)(27), the court shall not issue an order restoring parenting time of the child to the parent or caregiver unless the court finds that the child will not be subject to further abuse or harm. The court shall file written findings of fact that are the basis of its conclusions on that issue in the order addressing parenting time.
Added by 2024 Tenn. Acts, ch. 799,s 4, eff. 4/23/2024.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 6 - CHILD CUSTODY AND VISITATION (§§ 36-6-101 — 36-6-702) › Part 7 (§§ 36-6-NEW — 36-6-702) › Section 36-6-701 - Short title

This part is known and may be cited as "Abrial's Law, the Keeping Children Safe from Family Violence Act."
Added by 2023 Tenn. Acts, ch. 266, s 2, eff. 1/1/2024.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 6 - CHILD CUSTODY AND VISITATION (§§ 36-6-101 — 36-6-702) › Part 7 (§§ 36-6-NEW — 36-6-702) › Section 36-6-702 - Required training and continuing education for judges - Course content

(a)
All judges involved in child custody proceedings shall complete at least two (2) hours of training or continuing education courses on domestic violence or child abuse per year or ten (10) hours per five (5) years.
(b)
(1)
The training or continuing education courses may include the following topics:
(A)
Child sexual abuse;
(B)
Physical abuse;
(C)
Emotional abuse;
(D)
Coercive control;
(E)
Implicit and explicit bias, including biases relating to parents with disabilities;
(F)
Trauma;
(G)
Long-term and short-term impacts of domestic violence and child abuse on children;
(H)
Victim and perpetrator behavior patterns and relationship dynamics within the cycle of violence; and
(I)
Any relevant topic addressing the best interest of the victim.
(2)
The training required in subsection (a) must:
(A)
Be provided by:
(i)
A judge or retired judge with experience in assisting survivors of domestic violence, child abuse, or child sexual abuse; or
(ii)
A professional with experience in assisting survivors of domestic violence, child abuse, or child sexual abuse; and
(B)
Rely on evidence-based research by recognized experts in the listed topics.
(c)
The training and continuing education courses may be offered in person or virtually by the administrative office of the courts in conjunction with the annual meetings of the judicial conferences in accordance with §§
17-3-104
,
17-3-203
, and
37-1-504
.
Amended by 2024 Tenn. Acts, ch. 799,s 3, eff. 4/23/2024.
Acts 2023, ch. 266, § 2.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 7 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 36-7-101 — 36-7-503) › Section 36-7-101 - Short title

This chapter shall be known and may be cited as the "Uniform Deployed Parents Custody and Visitation Act."
Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 7 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 36-7-101 — 36-7-503) › Section 36-7-103 - Remedies for noncompliance

In addition to other remedies under law of this state other than this chapter, if a court finds that a party to a proceeding under this chapter has acted in bad faith or intentionally failed to comply with this chapter or a court order issued under this chapter, the court may assess reasonable attorney's fees and costs against the party and order other appropriate relief.
Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 7 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 36-7-101 — 36-7-503) › Section 36-7-104 - Jurisdiction

(a)
A court may issue an order regarding custodial responsibility under this chapter only if the court has jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act, compiled in chapter 6, part 2 of this title.
(b)
If a court has issued a temporary order regarding custodial responsibility pursuant to part 3 of this chapter, the residence of the deploying parent is not changed by reason of the deployment for the purposes of the Uniform Child Custody Jurisdiction and Enforcement Act during the deployment.
(c)
If a court has issued a permanent order regarding custodial responsibility before notice of deployment and the parents have requested to modify that order temporarily by agreement pursuant to part 2 of this chapter, the residence of the deploying parent is not changed by reason of the deployment for the purposes of the Uniform Child Custody Jurisdiction and Enforcement Act.
(d)
If a court in another state has issued a temporary order regarding custodial responsibility as a result of impending or current deployment, the residence of the deploying parent is not changed by reason of the deployment for the purposes of the Uniform Child Custody Jurisdiction and Enforcement Act.
(e)
This section does not prevent a court from exercising temporary emergency jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act.
Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 7 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 36-7-101 — 36-7-503) › Section 36-7-105 - Notification of pending deployment - Proposed plan for custodial responsibility during deployment

(a)
Except as otherwise provided in subsection (d) and subject to subsection (c), a deploying parent shall notify in a record the other parent of a pending deployment not later than seven (7) days after receiving notice of deployment unless reasonably prevented from doing so by the circumstances of service. If the circumstances of service prevent giving notification within the seven (7) days, the deploying parent shall give the notification as soon as reasonably possible.
(b)
Except as otherwise provided in subsection (d) and subject to subsection (c), each parent shall provide in a record the other parent with a proposed plan for fulfilling that parent's share of custodial responsibility during deployment. Each parent shall provide the plan as soon as reasonably possible after notification of deployment is given under subsection (a).
(c)
If a court order currently in effect prohibits disclosure of the address or contact information of the other parent, notification of deployment under subsection (a), or notification of a plan for custodial responsibility during deployment under subsection (b), may be made only to the issuing court. If the address of the other parent is available to the issuing court, the court shall forward the notification to the other parent. The court shall keep confidential the address or contact information of the other parent.
(d)
Notification in a record under subsection (a) or (b) is not required if the parents are living in the same residence and both parents have actual notice of the deployment or plan.
(e)
In a proceeding regarding custodial responsibility, a court may consider the reasonableness of a parent's efforts to comply with this section.
Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 7 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 36-7-101 — 36-7-503) › Section 36-7-106 - Duty to notify of change of address

(a)
Except as otherwise provided in subsection (b), an individual to whom custodial responsibility has been granted during deployment pursuant to part 2 or 3 of this chapter shall notify the deploying parent and any other person with custodial responsibility of a child of any change of the individual's mailing address or residence until the grant is terminated. The individual shall provide the notice to any court that has issued a custody or child support order concerning the child which is in effect.
(b)
If a court order currently in effect prohibits disclosure of the address or contact information of an individual to whom custodial responsibility has been granted, a notification under subsection (a) may be made only to the court that issued the order. The court shall keep confidential the mailing address or residence of the individual to whom custodial responsibility has been granted.
Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 7 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 36-7-101 — 36-7-503) › Section 36-7-107 - Effect of past or future deployment on best interest considerations

In a proceeding for custodial responsibility of a child of a service member, a court may not consider a parent's past deployment or possible future deployment in itself in determining the best interest of the child but may consider any significant impact on the best interest of the child of the parent's past or possible future deployment.
Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 7 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 36-7-101 — 36-7-503) › Section 36-7-201 - Form of temporary agreement during deployment

(a)
The parents of a child may enter into a temporary agreement under this part granting custodial responsibility during deployment.
(b)
An agreement under subsection (a) must be:
(1)
In writing; and
(2)
Signed by both parents and any nonparent to whom custodial responsibility is granted.
(c)
Subject to subsection (d), an agreement under subsection (a), if feasible, must:
(1)
Identify the destination, duration, and conditions of the deployment that is the basis for the agreement;
(2)
Specify the allocation of caretaking authority among the deploying parent, the other parent, and any nonparent;
(3)
Specify any decision-making authority that accompanies a grant of caretaking authority;
(4)
Specify any grant of limited contact to a nonparent;
(5)
If under the agreement custodial responsibility is shared by the other parent and a nonparent, or by other nonparents, provide a process to resolve any dispute that may arise;
(6)
Specify the frequency, duration, and means, including electronic means, by which the deploying parent will have contact with the child, any role to be played by the other parent in facilitating the contact, and the allocation of any costs of contact;
(7)
Specify the contact between the deploying parent and child during the time the deploying parent is on leave or is otherwise available;
(8)
Acknowledge that any party's child-support obligation cannot be modified by the agreement, and that changing the terms of the obligation during deployment requires modification in the appropriate court;
(9)
Provide that the agreement will terminate according to the procedures under part 4 of this chapter after the deploying parent returns from deployment; and
(10)
Specify which parent is required to file the agreement with a court of competent jurisdiction pursuant to §
36-7-205
.
(d)
The omission of any of the items specified in subsection (c) does not invalidate an agreement under this section.
Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 7 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 36-7-101 — 36-7-503) › Section 36-7-202 - Nature of authority created by agreement

(a)
An agreement under this part is temporary and terminates pursuant to part 4 of this chapter after the deploying parent returns from deployment, unless the agreement has been terminated before that time by court order or modification under §
36-7-203
. The agreement does not create an independent, continuing right to caretaking authority, decision-making authority, or limited contact in an individual to whom custodial responsibility is given.
(b)
A nonparent who has caretaking authority, decision-making authority, or limited contact by an agreement under this part has standing to enforce the agreement until it has been terminated by court order, by modification under §
36-7-203
, or under part 4 of this chapter.
Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 7 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 36-7-101 — 36-7-503) › Section 36-7-203 - Modification of agreement

(a)
By mutual consent, the parents of a child may modify an agreement regarding custodial responsibility made pursuant to this part.
(b)
If an agreement is modified under subsection (a) before deployment of a deploying parent, the modification must be in writing and signed by both parents and any nonparent who will exercise custodial responsibility under the modified agreement approved by the court.
(c)
If an agreement is modified under subsection (a) during deployment of a deploying parent, the modification must be agreed to in a record by both parents and any nonparent who will exercise custodial responsibility under the modified agreement approved by the court.
Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 7 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 36-7-101 — 36-7-503) › Section 36-7-204 - Grant and revocation of power of attorney

A deploying parent, by power of attorney, may delegate all or part of custodial responsibility to an adult nonparent for the period of deployment if no other parent possesses custodial responsibility under law of this state other than this part, or if a court order currently in effect prohibits contact between the child and the other parent. The deploying parent may revoke the power of attorney by signing a revocation of the power.
Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 7 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 36-7-101 — 36-7-503) › Section 36-7-205 - Filing of agreement or power of attorney with court

An agreement or power of attorney under this part must be filed within a reasonable time with any court that has entered an order on custodial responsibility or child support that is in effect concerning the child who is the subject of the agreement or power of attorney and shall be binding upon the parties upon approval by the court. The case number and heading of the pending case concerning custodial responsibility or child support must be provided to the court with the agreement or power of attorney.
Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 7 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 36-7-101 — 36-7-503) › Section 36-7-301 - "Close and substantial relationship" defined

In this part, "close and substantial relationship" means a relationship in which a significant bond exists between a child and a nonparent.
Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 7 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 36-7-101 — 36-7-503) › Section 36-7-302 - Proceeding for temporary custody order

(a)
After a deploying parent receives notice of deployment and until the deployment terminates, a court may issue a temporary order granting custodial responsibility unless prohibited by the Service Members Civil Relief Act (50 U.S.C. Appendix Sections 521 and 522), and may not issue a permanent order granting custodial responsibility without the consent of the deploying parent.
(b)
At any time after a deploying parent receives notice of deployment, either parent may file an action regarding custodial responsibility of a child during deployment. A motion must be filed in a pending proceeding for custodial responsibility in a court with jurisdiction under §
36-7-104
or, if there is no pending proceeding in a court with jurisdiction under §
36-7-104
, in a new complaint for granting custodial responsibility during deployment.
Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 7 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 36-7-101 — 36-7-503) › Section 36-7-303 - Expedited hearing

If an action to grant custodial responsibility is filed under §
36-7-302(b)
before a deploying parent deploys, the court shall conduct an expedited hearing.
Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 7 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 36-7-101 — 36-7-503) › Section 36-7-304 - Testimony by electronic means

In a proceeding under this part, a party or witness who is not reasonably available to appear personally may appear, provide testimony, and present evidence by electronic means unless the court finds good cause to require a personal appearance.
Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 7 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 36-7-101 — 36-7-503) › Section 36-7-305 - Effect of prior judicial order or agreement

In a proceeding for a grant of custodial responsibility pursuant to this part, the following rules apply:
(1)
A prior judicial order designating custodial responsibility in the event of deployment is binding on the court unless the circumstances meet the requirements of law of this state other than this chapter for modifying a judicial order regarding custodial responsibility; and
(2)
The court shall enforce a prior written agreement between the parents for designating custodial responsibility in the event of deployment, including an agreement or modification executed under part 2 of this chapter, unless the court finds that the agreement is contrary to the best interest of the child.
Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 7 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 36-7-101 — 36-7-503) › Section 36-7-306 - Grant of caretaking or decision-making authority to nonparent

(a)
On motion of a deploying parent and in accordance with law of this state other than this chapter, if it is in the best interest of the child, a court may grant caretaking authority to a nonparent who is an adult family member of the child.
(b)
Unless a grant of caretaking authority to a nonparent under subsection (a) is agreed to by the other parent, the grant is limited to an amount of time not greater than:
(1)
The amount of time granted to the deploying parent under a permanent custody order, but the court may add unusual travel time necessary to transport the child; or
(2)
In the absence of a permanent custody order that is currently in effect, the amount of time that the deploying parent habitually cared for the child before being notified of deployment, but the court may add unusual travel time necessary to transport the child.
(c)
A court may grant part of a deploying parent's decision-making authority, if the deploying parent and the other parent are both unable to exercise that authority, to a nonparent who is an adult family member of the child or an adult with whom the child has a close and substantial relationship. If a court grants the authority to a nonparent, the court shall specify the decision-making powers granted, including decisions regarding the child's education, religious training, health care, extracurricular activities, and travel.
Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 7 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 36-7-101 — 36-7-503) › Section 36-7-307 - Nature of authority created by temporary custody order

(a)
A grant of authority under this part is temporary and terminates under part 4 of this chapter after the return from deployment of the deploying parent, unless the grant has been terminated before that time by court order. The grant does not create an independent, continuing right to caretaking authority, decision-making authority, or limited contact in an individual to whom it is granted.
(b)
A nonparent granted caretaking authority, decision-making authority, or limited contact under this part has standing to enforce the grant until it is terminated by court order or under part 4 of this chapter.
Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 7 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 36-7-101 — 36-7-503) › Section 36-7-308 - Content of temporary custody order

(a)
An order granting custodial responsibility under this part must:
(1)
Designate the order as temporary; and
(2)
Identify to the extent feasible the destination, duration, and conditions of the deployment.
(b)
If applicable, an order for custodial responsibility under this part must:
(1)
Specify the allocation of caretaking authority, decision-making authority, or limited contact among the deploying parent, the other parent, and any nonparent;
(2)
If the order divides caretaking or decision-making authority between individuals, or grants caretaking authority to one individual and limited contact to another, provide a process to resolve any dispute that may arise;
(3)
Provide for liberal communication between the deploying parent and the child during deployment, including through electronic means, unless contrary to the best interest of the child, and allocate any costs of communications;
(4)
Provide for liberal contact between the deploying parent and the child during the time the deploying parent is on leave or otherwise available, unless contrary to the best interest of the child; and
(5)
Provide that the order will terminate pursuant to part 4 of this chapter after the deploying parent returns from deployment.
Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 7 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 36-7-101 — 36-7-503) › Section 36-7-309 - Order for child support

If a court has issued an order granting caretaking authority under this part, or an agreement granting caretaking authority has been executed under part 2 of this chapter, the court may enter a temporary order for child support consistent with law of this state other than this chapter if the court has jurisdiction under the Uniform Interstate Family Support Act, compiled in chapter 5, parts 21-29 of this title.
Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 7 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 36-7-101 — 36-7-503) › Section 36-7-310 - Modifying or terminating grant of custodial responsibility to nonparent

(a)
Except for an order under §
36-7-305
, except as otherwise provided in subsection (b), and consistent with the Service Members Civil Relief Act (50 U.S.C. Appendix Sections 521 and 522), on motion of a deploying or other parent or any nonparent to whom caretaking authority, decision-making authority, or limited contact has been granted, the court may modify or terminate the grant if the modification or termination is consistent with this part and it is in the best interest of the child. A modification is temporary and terminates pursuant to part 4 of this chapter after the deploying parent returns from deployment, unless the grant has been terminated before that time by court order.
(b)
On motion of a deploying parent, the court shall terminate a grant of limited contact.
Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 7 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 36-7-101 — 36-7-503) › Section 36-7-401 - Termination of temporary order providing for modification of child custody decree

A temporary order entered under this chapter providing for a modification of a child custody decree shall terminate at the end of the deployment and shall revert back to the previous custody order.
Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 7 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 36-7-101 — 36-7-503) › Section 36-7-501 - Application and construction of uniform law

In applying and construing this uniform law, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 7 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 36-7-101 — 36-7-503) › Section 36-7-502 - Relation to Electronic Signatures in Global and National Commerce Act

This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act (
15 U.S.C. Section 7001
et seq.), but does not modify, limit, or supersede Section 101(c) of that act (
15 U.S.C. Section 7001(c)
), or authorize electronic delivery of any of the notices described in Section 103(b) of that act (
15 U.S.C. Section 7003(b)
).
Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 7 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 36-7-101 — 36-7-503) › Section 36-7-503 - Applicability of chapter

This chapter does not affect the validity of a temporary court order concerning custodial responsibility during deployment which was entered before July 1, 2014.
Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 8 - FAMILIES' RIGHTS AND RESPONSIBILITIES ACT (§§ 36-8-101 — 36-8-104) › Section 36-8-101

This chapter is known and may be cited as the "Families' Rights and Responsibilities Act.
Added by 2024 Tenn. Acts, ch. 1061,s 1, eff. 7/1/2024.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 8 - FAMILIES' RIGHTS AND RESPONSIBILITIES ACT (§§ 36-8-101 — 36-8-104) › Section 36-8-102

(1)
"Biometric data":
(A)
Means data generated by automatic measurements of an individual's biological characteristics, such as a fingerprint, voiceprint, eye retina or iris, or other unique biological pattern or characteristic, that is used to identify a specific individual;
(B)
Does not include a physical or digital photograph, a video or audio recording, or data generated from the recording, or information collected, used, or stored for healthcare treatment, payment, or operations under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) (
42 U.S.C. § 1320d
et seq.); and
(C)
Does not include data or information collected, used, or stored for law enforcement purposes;
(2)
"Child" means an unemancipated, unmarried individual who has not attained eighteen (18) years of age;
(3)
"Decision-making authority" means the power granted by the state to a nonparent to make important decisions regarding a child, including decisions regarding the child's education, religious training, health care, extracurricular activities, and travel;
(4)
"Government entity" means any branch, department, agency, commission, or instrumentality of state government, any official or other person acting under color of state law, or any political subdivision of the state; and
(5)
"Parent" means a biological, legal, or adoptive parent or an individual who has been granted decision-making authority over the child under state law.
Added by 2024 Tenn. Acts, ch. 1061,s 1, eff. 7/1/2024.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 8 - FAMILIES' RIGHTS AND RESPONSIBILITIES ACT (§§ 36-8-101 — 36-8-104) › Section 36-8-104

This chapter must be construed using the following rules:
(1)
The protections of the fundamental right of parents to the care, custody, and control of their child afforded by this chapter are in addition to the protections provided under federal law, state law, and the state constitution;
(2)
This chapter must be construed in favor of a broad protection of the fundamental right of parents to the custody, care, and control of their children, including the right to direct the upbringing, education, health care, and mental health of their child;
(3)
This act does not give parents a right to medical treatments for their children that have been prohibited by state law;
(4)
State law enacted after July 1, 2024, is subject to this chapter unless the law explicitly excludes such application by reference to this chapter; and
(5)
The enumeration of parental rights in this chapter must not be construed to abridge any additional parental rights codified or recognized under current law or to prohibit the codification or recognition of additional parental rights.
Amended by 2024 Tenn. Acts, ch. 1061,s 1, eff. 7/1/2024.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 1 - JUVENILE COURTS AND PROCEEDINGS (§§ 37-1-NEW — 37-1-910) › Part 1 - GENERAL PROVISIONS (§§ 37-1-NEW — 37-1-189) › Section 37-1-NEW - [Newly enacted section not yet numbered]

(a)
A child who has been admitted to a juvenile detention facility, prior to being adjudicated for an alleged delinquent act, must be allowed at least one (1) telephone call with the child's parent, guardian, or legal custodian and one (1) thirty-minute in-person visit with the child's parent, guardian, or legal custodian within twenty-four (24) hours after the child is admitted to the juvenile detention facility. The telephone call and in-person visit required by this subsection (a) must occur as soon as practical after the request has been made by the parent, guardian, or legal custodian to the juvenile detention facility, however, the telephone call or in-person visit may be delayed by the detention facility for no more than six (6) hours if the child is subject to disciplinary action. If the juvenile detention facility delays contact to the parent, guardian, or legal custodian, the detention facility must explain the actions of the child which resulted in the contact being timely withheld.
(b)
During the time period following the first twenty-four (24) hours a child has been admitted to a juvenile detention facility, but prior to being adjudicated for an alleged delinquent act, a child must be allowed at least three (3) separate telephone calls with the child's parent, guardian, or legal custodian, and one (1) in-person visit with the child's parent, guardian, or legal custodian per week.
(c)
This section applies to juvenile detention facilities approved, certified, or licensed by the department of children's services, including youth development centers.
Added by 2024 Tenn. Acts, ch. 866,s 1, eff. 5/1/2024.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 1 - JUVENILE COURTS AND PROCEEDINGS (§§ 37-1-NEW — 37-1-910) › Part 1 - GENERAL PROVISIONS (§§ 37-1-NEW — 37-1-189) › Section 37-1-101 - Purpose - Jurisdiction - Ensuring compliance with the Indian Child Welfare Act

(a)
This part shall be construed to effectuate the following public purposes:
(1)
Provide for the care, protection, and wholesome moral, mental and physical development of children coming within its provisions;
(2)
Consistent with the protection of the public interest, remove from children committing delinquent acts the taint of criminality and the consequences of criminal behavior and substitute therefor a program of treatment, training and rehabilitation;
(3)
Achieve the foregoing purposes in a family environment whenever possible, separating the child from such child's parents only when necessary for such child's welfare or in the interest of public safety;
(4)
Provide a simple judicial procedure through which this part is executed and enforced and in which the parties are assured a fair hearing and their constitutional and other legal rights recognized and enforced;
(5)
Provide simple interstate procedures that permit resort to cooperative measures among the juvenile courts of the several states when required to effectuate the purposes of this part;
(6)
Generally deinstitutionalize children who have not been found to be delinquent; and
(7)
Provide developmentally appropriate interventions based on current scientific research in related fields, including neuroscience, psychology, sociology, and criminology.
(b)
It is the intention of the general assembly in the passage of this part to promulgate laws relative to children that are to be uniform in application throughout the state.
(c)
Each of the juvenile courts in all the counties and municipalities of the state as described in §
37-1-102
have all of the jurisdiction, authority, rights, powers and duties prescribed by this part, and any additional jurisdiction, authority, rights, powers or duties conferred by special or private act upon any of the juvenile courts in the state are not intended to be invalidated or repealed by this part, except where inconsistent or in conflict with any provisions of this part.
(d)
Whenever a juvenile court conducts a child custody proceeding, as defined in §
36-6-205
, the court shall ensure compliance with the Indian Child Welfare Act, compiled in
25 U.S.C. § 1901
et seq.
Amended by 2018 Tenn. Acts, ch. 1052,s 2, eff. 7/1/2018.
Amended by 2017 Tenn. Acts, ch. 271,s 1, eff. 5/4/2017.
Acts 1970, ch. 600, §§ 1, 59; 1979, ch. 289, § 1; T.C.A., §§ 37-201, 37-259; Acts 2009, ch. 317, § 1.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 1 - JUVENILE COURTS AND PROCEEDINGS (§§ 37-1-NEW — 37-1-910) › Part 1 - GENERAL PROVISIONS (§§ 37-1-NEW — 37-1-189) › Section 37-1-105 - Probation officers

(a)
The judge has authority to appoint one (1) or more probation officers who shall receive such salary as shall be fixed by the county legislative body or as otherwise provided by law.
(b)
For the purpose of carrying out the objectives and purposes of this part and subject to the limitations of this part or imposed by the court, a probation officer, or other designated officers of the court, shall:
(1)
Make investigations, reports and recommendations to the juvenile court;
(2)
Receive and examine complaints and charges of delinquency or unruly conduct and conduct a preliminary inquiry;
(3)
Receive and examine complaints of dependency and neglect of a child for the purpose of considering the commencement of proceedings under this part;
(4)
Supervise and assist a child placed on probation or in such probation officer's protective supervision or care by order of the court or other authority of law;
(5)
Make appropriate referrals to other public or private agencies of the community if their assistance appears to be needed or desirable;
(6)
Take into custody and detain a child who is under such probation officer's supervision or care as a delinquent, unruly, or dependent and neglected child if the probation officer, or other designated officers of the court, have reasonable cause to believe that the child's health or safety is in imminent danger, or that such child may abscond or be removed from the jurisdiction of the court, or when ordered by the court pursuant to this part. Such child may be placed in detention or shelter care only if authorized by and in accordance with §§
37-1-114
and
37-1-115
. Except as provided by this part, a probation officer, or other designated officer of the court, does not have the powers of a law enforcement officer. Such probation officer, or other designated officer of the court, shall not conduct accusatory proceedings under this part against a child who is or may be under such officer's care or supervision; and
(7)
Perform all other functions designated by this part or by order of the court pursuant thereto.
(c)
Any of the functions in subsection (b) may be performed in another state if authorized by the court of this state and permitted by the laws of the other state.
Amended by 2018 Tenn. Acts, ch. 1052,Secs.s7, s8 eff. 7/1/2018.
Amended by 2018 Tenn. Acts, ch. 1052,s 6, eff. 7/1/2018.
Acts 1970, ch. 600, §§ 5, 6; 1983, ch. 165, § 1; T.C.A., §§ 37-205, 37-206.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 1 - JUVENILE COURTS AND PROCEEDINGS (§§ 37-1-NEW — 37-1-910) › Part 1 - GENERAL PROVISIONS (§§ 37-1-NEW — 37-1-189) › Section 37-1-106 - Youth services officer

(a)
Each county with a population of more than twenty thousand (20,000), according to the 1980 federal census or any subsequent federal census, may establish a full-time youth services officer to assist the court sitting as a juvenile court in relation to cases coming before the court. Counties with a population of twenty thousand (20,000) or less, according to the 1980 federal census or any subsequent federal census, may establish a part-time youth services officer.
(b)
The youth services officer shall be paid by the county in which the officer serves and the officer's duties include, but are not limited to, the following:
(1)
Intake duties including receiving and examining complaints and allegations of delinquency and unruly behavior for the purpose of conducting a preliminary inquiry;
(2)
Counseling;
(3)
Record keeping and transmitting information as required by this part or by law to the commission on children and youth or the office of the executive secretary of the Tennessee council of juvenile and family court judges;
(4)
Make investigations, reports and recommendations to the judge having juvenile jurisdiction;
(5)
Make appropriate referrals to other public or private agencies;
(6)
Make predisposition studies and submit reports and recommendations to the court as required; and
(7)
Perform other functions as directed by the court or by law including, but not limited to, those set out in §
37-1-105
.
Amended by 2018 Tenn. Acts, ch. 1052,s 9, eff. 7/1/2018.
Acts 1982, ch. 934, § 19; 1983, ch. 161, § 1; T.C.A., § 37-287.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 1 - JUVENILE COURTS AND PROCEEDINGS (§§ 37-1-NEW — 37-1-910) › Part 1 - GENERAL PROVISIONS (§§ 37-1-NEW — 37-1-189) › Section 37-1-108 - Commencement of proceedings

A proceeding under this part may be commenced:
(1)
By transfer of a case from another court as provided in §
37-1-109
;
(2)
As provided in §
37-1-146
in a proceeding charging the violation of a traffic offense;
(3)
By the court accepting jurisdiction as provided in §
37-1-142
or accepting supervision of a child as provided in §
37-1-144
;
(4)
By the taking of a child into custody or the removal of custody from a parent or legal guardian as provided in §
37-1-113
; or
(5)
In other cases by the filing of a petition as provided in this part or by issuing a citation as authorized by law. The petition and all other documents in the proceeding, other than a citation, shall be entitled "In the matter of _____, a child under eighteen (18) years of age."
Amended by 2024 Tenn. Acts, ch. 613,s 2, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 613,s 1, eff. 7/1/2024.
Amended by 2016 Tenn. Acts, ch. 598, s 1, eff. 7/1/2016.
Acts 1970, ch. 600, § 8; T.C.A., § 37-208.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 1 - JUVENILE COURTS AND PROCEEDINGS (§§ 37-1-NEW — 37-1-910) › Part 1 - GENERAL PROVISIONS (§§ 37-1-NEW — 37-1-189) › Section 37-1-109 - Transfer of criminal cases from other courts

(a)
If it appears to the court in a criminal proceeding that the defendant is a child, the court shall forthwith transfer the case to the juvenile court, together with a copy of the accusatory pleading and other papers, documents and transcripts of testimony relating to the case.
(b)
It shall order that the defendant be taken forthwith to the juvenile court or to a place of detention designated by the juvenile court, or release the defendant to the custody of the defendant's parent, guardian, custodian or other person legally responsible for the defendant, to be brought before the juvenile court at a time designated by that court.
(c)
The accusatory pleading may serve in lieu of a petition in the juvenile court unless that court directs the filing of a petition.
Acts 1970, ch. 600, § 9; T.C.A., § 37-209.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 1 - JUVENILE COURTS AND PROCEEDINGS (§§ 37-1-NEW — 37-1-910) › Part 1 - GENERAL PROVISIONS (§§ 37-1-NEW — 37-1-189) › Section 37-1-111 - Venue

(a)
A proceeding under this part may be commenced in the county in which the child resides.
(b)
If delinquent or unruly conduct is alleged, the proceeding may be commenced in the county in which the acts constituting the alleged delinquent or unruly conduct occurred.
(c)
If dependency or neglect is alleged, the proceeding may be brought in the county in which the child is present when it is commenced.
(d)
Proceedings to terminate parental rights shall be brought pursuant to §
36-1-113
.
(e)
If unruly conduct is alleged against a child in the custody of the department of children's services, the proceeding may be brought in the juvenile court exercising continuing jurisdiction under §
37-1-103
or it may be brought in the juvenile court that issued the order granting custody to the department.
Acts 1970, ch. 600, § 11; 1971, ch. 189, § 4; 1983, ch. 435, § 3; T.C.A., § 37-211; Acts 1995, ch. 532, §§ 9, 10; 2011, ch. 275, § 1.