reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 4 - RIGHTS OF RESIDENTIAL PERSONS SUPPORTED (§§ 52-4-101 — 52-4-106) › Section 52-4-105 - Death of patient; notice; disposal of property

(a)
(1)
Upon the death of a person committed to a facility under chapter 5 of this title, the facility must mail written notice of death to the court that entered the order resulting in the commitment; mail written notice of death to the next of kin, if known; and notify the office of the medical examiner having jurisdiction to investigate the death.
(2)
A facility that is required by this subsection (a) to make a notice to the medical examiner having jurisdiction to investigate a death shall make such notice as soon as reasonably practicable, but in no event more than twelve (12) hours after the discovery of the death. A facility shall mail the other notices required by this subsection (a) within ten (10) days of the discovery of the death.
(b)
Notice of a death must also be given promptly to the person's legal guardian, legal custodian, or conservator, as applicable. The administrator, executor, or personal representative of the deceased person, or, if there is none, one (1) or more of the heirs at law or next of kin, must be notified by registered mail of the deceased's personal property at the facility at the time of death. Notice to an administrator, executor, or personal representative must be directed to the probate court of the county in which that person is qualified to administer the estate of the deceased.
(c)
Property left by the deceased person in the facility must be disposed of pursuant to subsection (e) if, after diligent search and inquiry, none of the persons required to be notified can be found and notified or if the persons notified do not open the estate or otherwise proceed to dispose of the estate in a lawful manner.
(d)
If a person is discharged and leaves personal property in the facility, then the facility must promptly notify the person by registered mail addressed to the person's last known address that the property has been left and is subject to sale under subsection (e).
(e)
The facility shall keep the deceased or discharged person's personal property for six (6) months if it is not claimed. The facility shall then sell the property, with the approval of the commissioner, and deposit the proceeds in a fund, maintained under the supervision of the department, for the benefit of needy persons supported.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 4 - RIGHTS OF RESIDENTIAL PERSONS SUPPORTED (§§ 52-4-101 — 52-4-106) › Section 52-4-106 - Appointment of conservator for a person supported

If a facility in which a person supported is committed or admitted is of the opinion that the person supported is unable to exercise any of the rights afforded by this chapter and chapter 3 of this title, then the facility must notify immediately the person supported and the person supported's attorney, parent, legal custodian, spouse, or other nearest known adult relative of the fact, as applicable, and the department may file for the appointment of a conservator and must notify those persons as to whether the department intends to do so.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 5 - INTELLECTUAL AND DEVELOPMENTAL DISABILITY SERVICES (§§ 52-5-101 — 52-5-602) › Part 1 - SERVICE SYSTEM (§§ 52-5-101 — 52-5-109) › Section 52-5-101 - Applicability of title

Services to persons with a developmental disability are governed generally by this title.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 5 - INTELLECTUAL AND DEVELOPMENTAL DISABILITY SERVICES (§§ 52-5-101 — 52-5-602) › Part 1 - SERVICE SYSTEM (§§ 52-5-101 — 52-5-109) › Section 52-5-102 - Eligibility dates for direct service

Persons with a developmental disability based on conditions other than an intellectual disability are eligible for direct service under this part on March 1, 2002. Persons with an intellectual disability are eligible for direct service under this part on March 1, 2001.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 5 - INTELLECTUAL AND DEVELOPMENTAL DISABILITY SERVICES (§§ 52-5-101 — 52-5-602) › Part 1 - SERVICE SYSTEM (§§ 52-5-101 — 52-5-109) › Section 52-5-103 - Ineligibility for service or support

If a person has a developmental disability solely on the basis of having a mental illness or serious emotional disturbance, as those terms are defined in title 33, then the person is not eligible to have services or supports provided for the developmental disability primarily under this chapter.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 5 - INTELLECTUAL AND DEVELOPMENTAL DISABILITY SERVICES (§§ 52-5-101 — 52-5-602) › Part 1 - SERVICE SYSTEM (§§ 52-5-101 — 52-5-109) › Section 52-5-104 - Developmental disability after twenty-two (22)

Within the limits of available services, the department may serve persons who have conditions that would constitute a developmental disability, except when the disability occurred after twenty-two (22) years of age.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 5 - INTELLECTUAL AND DEVELOPMENTAL DISABILITY SERVICES (§§ 52-5-101 — 52-5-602) › Part 1 - SERVICE SYSTEM (§§ 52-5-101 — 52-5-109) › Section 52-5-105 - Determination of eligibility

A person is eligible for service and support under this chapter on the basis of an intellectual or developmental disability only if the assessment that the person has an intellectual or developmental disability takes into account:
(1)
Cultural and linguistic diversity, as well as differences in communication and behavioral factors;
(2)
Whether the person's limitations in adaptive skills occur in the context of community environments typical of the person's age peers and is indexed to the person's individualized needs for supports;
(3)
Specific adaptive limitations often coexist with strengths in other adaptive skills or other personal capabilities; and
(4)
With appropriate supports over a sustained period, the life functioning of a person with an intellectual or developmental disability will generally improve.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 5 - INTELLECTUAL AND DEVELOPMENTAL DISABILITY SERVICES (§§ 52-5-101 — 52-5-602) › Part 1 - SERVICE SYSTEM (§§ 52-5-101 — 52-5-109) › Section 52-5-106 - Application for service and support

A person with an intellectual or developmental disability, a parent or legal guardian of a child with an intellectual or developmental disability, a conservator of a person with an intellectual or developmental disability, the department of children's services on behalf of a person in its legal custody who has an intellectual or developmental disability, or the department of human services on behalf of a person in its legal custody who has an intellectual or developmental disability, referred to as the applicant may apply to the department through its designated entities for services and supports that they provide directly or by contract. The designated entity shall inform the applicant about all options for services and supports. When services and supports appropriate for the applicant are not available, the designated entity must notify the applicant in writing of the basis on which the decision was made, possible service options, the prospects for obtaining service, and the time estimated before the service may be available. The applicant must be notified periodically and in a timely manner of the status of the application. Based upon additional information, change in status may be determined by the designated entity.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 5 - INTELLECTUAL AND DEVELOPMENTAL DISABILITY SERVICES (§§ 52-5-101 — 52-5-602) › Part 1 - SERVICE SYSTEM (§§ 52-5-101 — 52-5-109) › Section 52-5-107 - Medical assistance programs; state-funded programs; eligibility criteria; establishment

(a)
Notwithstanding any state law to the contrary, eligibility criteria for medical assistance programs and services pursuant to title 71, chapter 5, for persons with an intellectual or developmental disability must be established by the bureau of TennCare, and set forth in the medicaid state plan and federal waivers, or in rules promulgated by the bureau of TennCare, and are subject to the availability of funding in each year's general appropriations act.
(b)
Notwithstanding any state law to the contrary, eligibility criteria for state-funded programs and services for persons with an intellectual or developmental disability must be established by the department and subject to the availability of funding in each year's general appropriations act.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 5 - INTELLECTUAL AND DEVELOPMENTAL DISABILITY SERVICES (§§ 52-5-101 — 52-5-602) › Part 1 - SERVICE SYSTEM (§§ 52-5-101 — 52-5-109) › Section 52-5-108 - Persons with an intellectual or developmental disability, on referral list for services; age of caregiver; program enrollment

(a)
An eligible person with an intellectual disability who is on the referral list for services and whose older custodial parent, or custodial caregiver, attains seventy-five (75) years of age must be enrolled in employment and community first choices Group 5 or a similarly capped home- and community-based services program within six (6) months of the person's parent or caregiver attaining that age.
(b)
An eligible person with a developmental disability other than an intellectual disability who is on the referral list for services and whose older custodial parent, or custodial caregiver, attains eighty (80) years of age must be enrolled in employment and community first choices Group 5 or a similarly capped home- and community-based services program within six (6) months of the person's parent or caregiver attaining that age.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 5 - INTELLECTUAL AND DEVELOPMENTAL DISABILITY SERVICES (§§ 52-5-101 — 52-5-602) › Part 1 - SERVICE SYSTEM (§§ 52-5-101 — 52-5-109) › Section 52-5-109 - Change to rule, regulation, policy, or guideline; estimate of fiscal impact on licensee; review

(a)
As used in this section, "fiscal impact" means any increase, decrease, or other change in revenue, expenditures, or fiscal liability.
(b)
The department of intellectual and developmental disabilities shall assess in writing the fiscal impact on licensees under chapter 2, part 4 of this title, of any change to any rule, regulation, policy, or guideline relating to the staffing, physical plant, or operating procedures of the licensee for rendering services pursuant to a contract, grant, or agreement with the department.
(c)
Unless exigent circumstances require the change to be implemented sooner, no less than thirty (30) days before the change in the rule, regulation, policy, or guideline is to take effect, the commissioner of intellectual and developmental disabilities shall transmit the department's estimate of fiscal impact to the finance, ways and means committee of the house of representatives, the finance, ways and means committee of the senate, and the comptroller of the treasury for any appropriate review.
(d)
If exigent circumstances, such as an unforeseen court order, require a change to be implemented sooner, then the department shall provide a statement describing the exigent circumstances that prevented thirty (30) days' notice to the finance, ways and means committee of the house of representatives, the finance, ways and means committee of the senate, and the comptroller of the treasury no later than five (5) days after implementing the change. In that case, the department shall provide the estimate of fiscal impact to such entities within sixty (60) days after implementing the change.
(e)
This section ceases to apply in its entirety on the effective date of integration of services for members with intellectual or other developmental disabilities into the state's existing managed care service delivery system, as approved by the centers for medicare and medicaid services through Amendment 1 of the TennCare III Demonstration pursuant to
42 U.S.C.A. § 1315
.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 5 - INTELLECTUAL AND DEVELOPMENTAL DISABILITY SERVICES (§§ 52-5-101 — 52-5-602) › Part 2 - FAMILY SUPPORT (§§ 52-5-201 — 52-5-212) › Section 52-5-201 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Family" means a unit that consists of either a person with a severe or developmental disability and the parent, relative, or other caregiver who resides in the same household or a person with a severe or developmental disability who lives alone without such support;
(2)
"Family support" means goods and services needed by families to care for their family members with a severe or developmental disability and to enjoy a quality of life comparable to other community members;
(3)
"Family support program" means a coordinated system of family support services administered by the department directly or through contracts;
(4)
"Severe disability" means a disability that is functionally similar to a developmental disability but occurred after the person was twenty-two (22) years of age; and
(5)
"State family support council" and "council" mean the council established by the department under § 52-5-208 to carry out the responsibilities specified in this part.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 5 - INTELLECTUAL AND DEVELOPMENTAL DISABILITY SERVICES (§§ 52-5-101 — 52-5-602) › Part 2 - FAMILY SUPPORT (§§ 52-5-201 — 52-5-212) › Section 52-5-202 - Policy; principles for program development

(a)
The policy of the state is that persons with severe or developmental disabilities and their families be afforded supports that emphasize community living and enable them to enjoy typical lifestyles.
(b)
Programs to support families must be based on the following principles:
(1)
Families and individuals with severe or developmental disabilities are best able to determine their own needs and should be empowered to make decisions concerning necessary, desirable, and appropriate services and supports;
(2)
Families should receive the support necessary to care for their relatives at home;
(3)
Family support is needed throughout the life span of the person who has a severe or developmental disability;
(4)
Family support services should be sensitive to the unique needs, strengths, and values of the person and the family, and should be responsive to the needs of the entire family;
(5)
Family support should build on existing social networks and natural sources of support in communities;
(6)
Family support services should be provided in a manner that develops comprehensive, responsive, and flexible support to families as their needs evolve overtime;
(7)
Family support services should be provided equitably across the state and be coordinated across the numerous agencies likely to provide resources and services and support to families; and
(8)
Family, individual, and community-based services and supports should be based on sharing ordinary places, developing meaningful relationships, learning things that are useful, and making choices, as well as increasing the status and enhancing the reputation of persons served.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 5 - INTELLECTUAL AND DEVELOPMENTAL DISABILITY SERVICES (§§ 52-5-101 — 52-5-602) › Part 2 - FAMILY SUPPORT (§§ 52-5-201 — 52-5-212) › Section 52-5-203 - Program focus

The primary focus of the family support program is supporting:
(1)
Families with children with severe or developmental disabilities, school age and younger;
(2)
Adults with severe or developmental disabilities who choose to live with their families; and
(3)
Adults with severe or developmental disabilities who are residing in the community in an unsupported setting and not in a state or federally funded program.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 5 - INTELLECTUAL AND DEVELOPMENTAL DISABILITY SERVICES (§§ 52-5-101 — 52-5-602) › Part 2 - FAMILY SUPPORT (§§ 52-5-201 — 52-5-212) › Section 52-5-204 - Contracted agency; powers and duties

The contracted agency is responsible for assisting each family for whom services and support will be provided in assessing each family's needs and shall prepare a written plan with the person and family. The needs and preferences of the family and individual are the basis for determining what goods and services are made available within the resources available.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 5 - INTELLECTUAL AND DEVELOPMENTAL DISABILITY SERVICES (§§ 52-5-101 — 52-5-602) › Part 2 - FAMILY SUPPORT (§§ 52-5-201 — 52-5-212) › Section 52-5-205 - Available services

The family support services included in this program include, but are not limited to, family support services coordination, information, referral, advocacy, educational materials, emergency and outreach services, and other individual and family-centered assistance services, such as respite care; personal assistance services; child care; homemaker services; minor home modifications and vehicular modifications; specialized equipment and maintenance and repair; specialized nutrition and clothing and supplies; transportation services; health-related costs not otherwise covered; licensed nursing and nurses aid services; and family counseling, training, and support groups.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 5 - INTELLECTUAL AND DEVELOPMENTAL DISABILITY SERVICES (§§ 52-5-101 — 52-5-602) › Part 2 - FAMILY SUPPORT (§§ 52-5-201 — 52-5-212) › Section 52-5-206 - Service coordination

As a part of the family support program, the contracted agency shall provide service coordination for each family that includes information, coordination, and other assistance as needed by the family.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 5 - INTELLECTUAL AND DEVELOPMENTAL DISABILITY SERVICES (§§ 52-5-101 — 52-5-602) › Part 2 - FAMILY SUPPORT (§§ 52-5-201 — 52-5-212) › Section 52-5-207 - Assistance to families of adults with disabilities

The family support program shall assist families of adults with a severe or developmental disability in planning and obtaining community living arrangements, employment services, and other resources needed to achieve, to the greatest extent possible, independence, productivity, and integration into the community.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 5 - INTELLECTUAL AND DEVELOPMENTAL DISABILITY SERVICES (§§ 52-5-101 — 52-5-602) › Part 2 - FAMILY SUPPORT (§§ 52-5-201 — 52-5-212) › Section 52-5-208 - State family support council

The commissioner shall appoint a state family support council composed of fifteen (15) members, of whom at least a majority must be persons with severe or developmental disabilities or their parents or primary caregivers. The council must have one (1) representative from each development district of the state, one (1) representative of the council on developmental disabilities, one (1) representative of the Tennessee disability coalition, one (1) representative of Tennessee community organizations, and one (1) representative of a center for independent living. The commissioner shall appoint two (2) at-large members for the department.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 5 - INTELLECTUAL AND DEVELOPMENTAL DISABILITY SERVICES (§§ 52-5-101 — 52-5-602) › Part 2 - FAMILY SUPPORT (§§ 52-5-201 — 52-5-212) › Section 52-5-209 - Policy and procedure adoption; input from the state family support council

(a)
The department shall adopt policies and procedures regarding the development of appropriations requested for family support.
(b)
Unless the commissioner determines an exigent circumstance exists, the department shall seek input from the state family support council prior to adopting policies and procedures regarding:
(1)
Program specifications, including:
(A)
Criteria for program services;
(B)
Methodology for allocating resources to families within the funds available;
(C)
Eligibility determination and admissions; and
(D)
Limits on benefits;
(2)
Coordination of the family support program and the use of its funds equitably throughout the state, with other publicly funded programs, including medicaid;
(3)
Resolution of grievances filed by families pertaining to actions of the family support program, and an appeals process;
(4)
Quality assurance; and
(5)
Annual evaluation of services, including consumer satisfaction.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 5 - INTELLECTUAL AND DEVELOPMENTAL DISABILITY SERVICES (§§ 52-5-101 — 52-5-602) › Part 2 - FAMILY SUPPORT (§§ 52-5-201 — 52-5-212) › Section 52-5-210 - Council; meetings; powers and duties; traveling expenses

(a)
The state family support council shall meet at least quarterly. The council shall participate in the development of program policies and procedures and perform other duties as are necessary for statewide implementation of the family support program. All reimbursement for travel expenses must be in conformity with the comprehensive state travel regulations as promulgated by the commissioner of finance and administration and approved by the attorney general and reporter.
(b)
(1)
Any council member who misses more than fifty percent (50%) of the scheduled meetings in a calendar year must be removed as a member of the council.
(2)
The chair of the council shall promptly notify, or cause to be notified, the appointing authority of any member who fails to satisfy the attendance requirement as prescribed in subdivision (b)(1).
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 5 - INTELLECTUAL AND DEVELOPMENTAL DISABILITY SERVICES (§§ 52-5-101 — 52-5-602) › Part 2 - FAMILY SUPPORT (§§ 52-5-201 — 52-5-212) › Section 52-5-211 - Program administration; funding

The department shall administer the family support services program and shall establish annual benefit levels per family served. Implementation of this part and the program and annual benefit levels, or any portion of the program or benefits levels, are contingent upon annual line-item appropriation of sufficient funding for the programs and benefits.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 5 - INTELLECTUAL AND DEVELOPMENTAL DISABILITY SERVICES (§§ 52-5-101 — 52-5-602) › Part 2 - FAMILY SUPPORT (§§ 52-5-201 — 52-5-212) › Section 52-5-212 - Persons with developmental disabilities other than intellectual disabilities; services needed; information provided to the department

In accordance with policies and procedures developed and adopted by the state family support council and the department, information gathered through the family support program on persons with a developmental disability, other than an intellectual disability, for whom services are needed must be provided to the department on at least a quarterly basis.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 5 - INTELLECTUAL AND DEVELOPMENTAL DISABILITY SERVICES (§§ 52-5-101 — 52-5-602) › Part 3 - RESIDENTIAL ADMISSION (§§ 52-5-301 — 52-5-303) › Section 52-5-301 - Definitions; admission review committee

(a)
As used in this part, unless the context otherwise requires:
(1)
"Emergency respite admission". means an admission for up to forty-five (45) days authorized due to an emergency situation that results in the temporary inability of the person who has the care, custody, and control of a person with an intellectual or developmental disability to provide proper care, custody, and control;
(2)
"Regular voluntary admission" means an admission authorized by a statewide admission review committee for a specified period of time;
(3)
"Respite admission" means an admission for up to forty-five (45) days authorized solely for the purpose of providing a respite for the person having responsibility for the care, custody, and control of a person with an intellectual or developmental disability; and
(4)
"Short-term training admission" means an admission authorized by a written agreement between the department and an applicant that the center provide services and supports for a person with an intellectual or developmental disability to learn how to perform a certain function or functions for a specified period of time, not exceeding six (6) months, at the end of which the center shall discharge the person with an intellectual or developmental disability to the care, custody, and control of the applicant.
(b)
Under department rules and pursuant to the direction of the statewide admission review committee, the department, subject to the availability of suitable accommodations and the absence of a less restrictive alternative, may admit for diagnosis, care, training, and treatment:
(1)
A person with an intellectual or developmental disability who applies for voluntary admission and does not lack capacity to apply under § 52-3-210;
(2)
A child with an intellectual or developmental disability whose parent or legal guardian applies for voluntary admission; or
(3)
An adult whose conservator applies for voluntary admission.
(c)
The department may adopt rules to implement the statewide admissions review committee and to specify its duties and membership.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 5 - INTELLECTUAL AND DEVELOPMENTAL DISABILITY SERVICES (§§ 52-5-101 — 52-5-602) › Part 3 - RESIDENTIAL ADMISSION (§§ 52-5-301 — 52-5-303) › Section 52-5-302 - Discharge

The facility may discharge a person admitted under § 52-5-301 at any time when it is in the person's best interest.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 5 - INTELLECTUAL AND DEVELOPMENTAL DISABILITY SERVICES (§§ 52-5-101 — 52-5-602) › Part 3 - RESIDENTIAL ADMISSION (§§ 52-5-301 — 52-5-303) › Section 52-5-303 - Review of admission

(a)
(1)
The department may review the appropriateness of admission to a privately or publicly funded residential facility for persons with an intellectual or developmental disability. The department shall investigate to assess the validity of an allegation of:
(A)
Deprivation of liberty without consent;
(B)
Abuse, neglect, or exploitation;
(C)
Placement that is inappropriate to meet the needs of a person supported;
(D)
Violation of a fiduciary relationship; or
(E)
Any other violation of a right.
(2)
If the department finds probable cause to believe the allegation after an investigation by inspection of records and interviews with personnel, persons supported, and their families and there is no suitable remedy under chapter 2, part 4 of this title, then the department may require a plan of compliance or may require independent review of admissions under this section for a period of time set by the department.
(b)
Within five (5) days after a recommendation is made that a person with an intellectual or developmental disability be admitted to a residential facility for which the department requires independent review under subsection (a), an independent review by the department must be conducted to determine the appropriateness of the recommended residential service for the person on the basis of the interests and welfare of the person. The result of the review must not be influenced by any benefits flowing from the admission solely to the family, parents, guardian, or conservator of the person. The result of the review must be written and state the reasons for the decision.
(c)
The decision made under subsection (b) on publicly funded placements may be appealed to a designee of the commissioner by filing the appeal within seven (7) days after receipt of the decision. The designee of the commissioner shall review and decide the appeal within fourteen (14) days after receipt of the appeal. The only appeal of the decision made under subsection (b) on privately funded placements is a request for reconsideration by the reviewer filed within fourteen (14) days after receipt of the decision, and the decision is final administratively. If granted, reconsideration by the reviewer must occur within five (5) working days after receipt of the request.
(d)
The department shall designate persons from among its employees or by contract to serve as independent reviewers. A person designated to serve as the independent reviewer for a case must have no conflict of interest with any party to the case and be trained with respect to the laws, rules, and information required to make competent decisions as an independent reviewer.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 5 - INTELLECTUAL AND DEVELOPMENTAL DISABILITY SERVICES (§§ 52-5-101 — 52-5-602) › Part 4 - FORENSIC SERVICES FOR PERSONS WITH AN INTELLECTUAL DISABILITY (§§ 52-5-401 — 52-5-411) › Section 52-5-401 - Program establishment

The commissioner may establish programs, including community-based programs, for training, habilitating, or rehabilitating persons with an intellectual disability under this part.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 5 - INTELLECTUAL AND DEVELOPMENTAL DISABILITY SERVICES (§§ 52-5-101 — 52-5-602) › Part 4 - FORENSIC SERVICES FOR PERSONS WITH AN INTELLECTUAL DISABILITY (§§ 52-5-401 — 52-5-411) › Section 52-5-402 - Determination of substantial likelihood of serious harm

A person poses a "substantial likelihood of serious harm" for purposes of this title only if:
(1)
The person:
(A)
Has threatened or attempted suicide or to inflict serious bodily harm on the person;
(B)
Has threatened or attempted homicide or other violent behavior;
(C)
Has placed others in reasonable fear of violent behavior and serious physical harm to them; or
(D)
Is unable to avoid severe impairment or injury from specific risks; and
(2)
There is a substantial likelihood that the harm will occur unless the person is placed under involuntary treatment.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 5 - INTELLECTUAL AND DEVELOPMENTAL DISABILITY SERVICES (§§ 52-5-101 — 52-5-602) › Part 4 - FORENSIC SERVICES FOR PERSONS WITH AN INTELLECTUAL DISABILITY (§§ 52-5-401 — 52-5-411) › Section 52-5-403 - Commitment procedure

(a)
The district attorney general may file a complaint to require involuntary care and treatment of the defendant under § 52-5-404 only if:
(1)
The circuit, criminal, or general sessions court determines on the basis of an evaluation under § 52-6-102 that a criminal defendant is incompetent to stand trial due to an intellectual disability; or
(2)
The circuit or criminal court enters a verdict of not guilty by reason of insanity on a capital offense against a defendant with an intellectual disability.
(b)
Only the juvenile court that has jurisdiction of the child, or the circuit or criminal court before which the defendant's criminal case is pending or that would hear the case if the defendant were bound over to the grand jury, has jurisdiction to hear a complaint.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 5 - INTELLECTUAL AND DEVELOPMENTAL DISABILITY SERVICES (§§ 52-5-101 — 52-5-602) › Part 4 - FORENSIC SERVICES FOR PERSONS WITH AN INTELLECTUAL DISABILITY (§§ 52-5-401 — 52-5-411) › Section 52-5-404 - Involuntary commitment

(a)
A person may be judicially committed to involuntary care and treatment in the custody of the commissioner in proceedings conducted in conformity with chapter 3, part 5 of this title only if:
(1)
The person has an intellectual disability;
(2)
The person poses a substantial likelihood of serious harm under § 52-5-402 because of the intellectual disability;
(3)
The person needs care, training, or treatment because of the intellectual disability;
(4)
All available less drastic alternatives to judicial commitment are unsuitable to meet the needs of the person; and
(5)
The district attorney general files a complaint to require involuntary care and treatment under § 52-5-403.
(b)
Notwithstanding subsection (a), the district attorney general is not required to file a complaint to require involuntary care and treatment for a person who is found incompetent to stand trial due to intellectual disability in order to commit the person pursuant to this section. If a person is declared incompetent to stand trial for a criminal offense based on intellectual disability, then the court must determine whether the person is subject to involuntary care and treatment at the hearing in which the person is declared incompetent; provided, that two (2) certificates of need have been submitted to the court in accordance with this chapter. If no such certificates of need have been submitted prior to the hearing in which the person is declared incompetent, then the court shall direct the department to conduct an evaluation to determine if the person meets the criteria for involuntary care and treatment as set forth in subsection (a). If the court subsequently receives two (2) certificates of need in accordance with this chapter, then the court shall conduct a hearing to determine if the person must be committed to the custody of the department.
Amended by 2024 Tenn. Acts, ch. 1031,s 2, eff. 5/28/2024.
Amended by 2024 Tenn. Acts, ch. 1031,s 1, eff. 5/28/2024.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 5 - INTELLECTUAL AND DEVELOPMENTAL DISABILITY SERVICES (§§ 52-5-101 — 52-5-602) › Part 4 - FORENSIC SERVICES FOR PERSONS WITH AN INTELLECTUAL DISABILITY (§§ 52-5-401 — 52-5-411) › Section 52-5-405 - Certificates of need; factual foundation

A defendant must not be judicially committed under § 52-5-404 unless licensed physicians or licensed psychologists, designated as a health service provider by the commissioner, file in the commitment proceeding two (2) certificates of need for training and treatment, certifying that the defendant satisfies the requirements in § 52-5-404(1)-(4) and showing the factual foundation for the conclusions on each item.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 5 - INTELLECTUAL AND DEVELOPMENTAL DISABILITY SERVICES (§§ 52-5-101 — 52-5-602) › Part 4 - FORENSIC SERVICES FOR PERSONS WITH AN INTELLECTUAL DISABILITY (§§ 52-5-401 — 52-5-411) › Section 52-5-406 - Custody of defendant by the commissioner

A judicially committed defendant does not come into the custody of the commissioner until the commissioner determines that the state has an available suitable accommodation and designates a licensed facility to admit the defendant.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 5 - INTELLECTUAL AND DEVELOPMENTAL DISABILITY SERVICES (§§ 52-5-101 — 52-5-602) › Part 4 - FORENSIC SERVICES FOR PERSONS WITH AN INTELLECTUAL DISABILITY (§§ 52-5-401 — 52-5-411) › Section 52-5-407 - Sentencing credit for time in the custody of the commissioner

Whenever a person receives evaluation, training, or treatment services under this part or part 5 of this chapter in connection with a criminal charge or conviction, wherever incarcerated, the person must receive credit toward the satisfaction of the sentence for the time spent in the custody of the commissioner.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 5 - INTELLECTUAL AND DEVELOPMENTAL DISABILITY SERVICES (§§ 52-5-101 — 52-5-602) › Part 4 - FORENSIC SERVICES FOR PERSONS WITH AN INTELLECTUAL DISABILITY (§§ 52-5-401 — 52-5-411) › Section 52-5-408 - Order of court; transfers

Without regard to its wording, any court order of commitment under this part is considered in law as a transfer of the person to the custody of the commissioner.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 5 - INTELLECTUAL AND DEVELOPMENTAL DISABILITY SERVICES (§§ 52-5-101 — 52-5-602) › Part 4 - FORENSIC SERVICES FOR PERSONS WITH AN INTELLECTUAL DISABILITY (§§ 52-5-401 — 52-5-411) › Section 52-5-409 - Evaluations; reports; discharge or transfer

(a)
The commissioner shall cause each person judicially committed under § 52-5-404 or transferred under § 52-3-301, to be evaluated as often as necessary but not less often than every six (6) months.
(b)
The commissioner or the commissioner's designee shall report the details of the findings of the evaluation performed under subsection (a) regarding persons with an intellectual disability judicially committed under § 52-5-404. The report must include an assessment of the person's present condition and prospects for restoration to competence to stand trial, and a copy must be sent to the clerk of the court that ordered commitment; the person; the person's attorney, parents, spouse, legal guardian, or conservator, if any; and the district attorney general.
(c)
If, upon completion of the evaluation under subsection (a), the commissioner or the commissioner's designee determines that a person with an intellectual disability transferred under § 52-3-301,. no longer meets the standards under which the person was admitted, then the person must be immediately discharged or transferred to the facility from which the person was transferred or to another appropriate facility of the department under § 52-3-301.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 5 - INTELLECTUAL AND DEVELOPMENTAL DISABILITY SERVICES (§§ 52-5-101 — 52-5-602) › Part 4 - FORENSIC SERVICES FOR PERSONS WITH AN INTELLECTUAL DISABILITY (§§ 52-5-401 — 52-5-411) › Section 52-5-410 - Release; custody of the court

(a)
If the commissioner or the commissioner's designee determines that any person judicially committed under § 52-5-404, no longer meets the standards under which the person was committed, then the decision maker must immediately order the person's release and cause the person to be discharged, except as provided in subsection (b) or § 52-5-411.
(b)
If the commissioner or the commissioner's designee determines that a person who was judicially committed under § 52-5-404 and who is charged with a crime for which the person is subject to being tried is restored to competence to stand trial, then the decision maker must give notice of that fact to the clerk of the court that ordered the person's commitment and deliver the person to the custody of the sheriff of the county from which the person was admitted, who must transport the person back to the custody of the court.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 5 - INTELLECTUAL AND DEVELOPMENTAL DISABILITY SERVICES (§§ 52-5-101 — 52-5-602) › Part 4 - FORENSIC SERVICES FOR PERSONS WITH AN INTELLECTUAL DISABILITY (§§ 52-5-401 — 52-5-411) › Section 52-5-411 - Capital offense; release from involuntary commitment; notice; hearing; appeal

(a)
If the department determines that a person, who has been judicially committed under § 52-5-.404 by a criminal court in connection with a capital offense or with a verdict of not guilty by reason of insanity on a capital offense, no longer meets the commitment standards under which the person was committed, then the department must follow the procedures set out in this section to effect the person's release from involuntary commitment.
(b)
If the department determines that the person no longer meets the commitment criteria under which the person was committed, then the department must notify the : committing court of this fact and the reasons. The determination by the department creates a rebuttable presumption of its correctness. The court may, within ten (10) business days, holidays excluded, of receipt of the notice, set a hearing to be held within twenty-one (21) business days, holidays excluded, of receipt of the department's notice on whether the person continues to meet the commitment criteria under which the person was committed. The court shall send notice of the hearing to the person; the commissioner; the person's counsel; the person's next of kin, if known; and the district attorney general.
(c)
If the court does not set a hearing and notify the department within fifteen (15) business days, holidays excluded, of its receipt of the facility's notice, then the facility must release the person from involuntary commitment.
(d)
The hearing to determine whether the person continues to meet the commitment criteria under which the person was committed must be held within twenty-one (21) business days, holidays excluded, of the court's receipt of notice from the department. The person shall attend the hearing unless the person's presence is waived in writing by counsel before the hearing. If the person does not have counsel, then the court must appoint counsel to represent the person.
(e)
Following the hearing, if the court finds by clear, unequivocal, and convincing evidence that the person meets the standards of § 52-5-404, then the court must order the person's return to the intellectual disability facility under the authority of the person's commitment. Otherwise, the court shall order the person's release from commitment.
(f)
Either party may appeal a final adjudication under this section to the court of criminal appeals.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 5 - INTELLECTUAL AND DEVELOPMENTAL DISABILITY SERVICES (§§ 52-5-101 — 52-5-602) › Part 5 - MANDATORY COMMUNITY-BASED SERVICES (§§ 52-5-501 — 52-5-507) › Section 52-5-501 - Felony defendant incompetent to stand trial

The court with criminal jurisdiction may order a person to participate in community-based services under a plan approved and developed by the department to attain and maintain competence to stand trial and reduce the risk of becoming committable only if:
(1)
The court finds on proof by clear and convincing evidence that the adult with an intellectual disability is:
(A)
Charged with a felony;
(B)
Incompetent to stand trial;
(C)
Not committable under § 52-5-404; and
(D)
At risk of becoming committable; and
(2)
The department certifies to the court that there are funds available within the limits of the department's line-item appropriation for services under this section for service to the person.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 5 - INTELLECTUAL AND DEVELOPMENTAL DISABILITY SERVICES (§§ 52-5-101 — 52-5-602) › Part 5 - MANDATORY COMMUNITY-BASED SERVICES (§§ 52-5-501 — 52-5-507) › Section 52-5-502 - Felony defendant acquitted by reason of insanity

The court with criminal jurisdiction may order a person to participate in community-based services under a plan approved and developed by the department to avoid deterioration to the point where the person would be committable only if:
(1)
The court finds on proof by clear and convincing evidence that a person with an intellectual disability:
(A)
Is charged with a felony;
(B)
Is acquitted of the charge on a verdict of not guilty by reason of insanity because of an intellectual disability at the time of the commission of the crime;
(C)
Is not committable under § 52-5-404;
(D)
Requires training or treatment because of the intellectual disability; and
(E)
Is likely to meet the standards of § 52-5-404 without the training or treatment; and
(2)
The department certifies to the court that there are funds available within the limits of the department's line-item appropriation for services under this section for service to the person.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 5 - INTELLECTUAL AND DEVELOPMENTAL DISABILITY SERVICES (§§ 52-5-101 — 52-5-602) › Part 5 - MANDATORY COMMUNITY-BASED SERVICES (§§ 52-5-501 — 52-5-507) › Section 52-5-503 - Capital defendant

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