reglab/statecodes huggingface dataset:
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 8 - PERMANENT GUARDIANSHIP (§§ 37-1-801 — 37-1-807) › Section 37-1-803 - Permanent guardianship not a termination of parent child relationship - Visitation, contact and sharing of information

(a)
Entry of a permanent guardianship order does not terminate the parent and child relationship, including:
(1)
The right of the child to inherit from the child's parents;
(2)
The parents' right to visit or contact the child, as defined by the court;
(3)
The parents' right to consent to the child's adoption; and
(4)
The parents' responsibility to provide financial, medical, and other support for the child.
(b)
The permanent guardianship order shall specify the frequency and nature of visitation or contact or the sharing of information with parents and the child. The court shall issue an order regarding visitation, contact and the sharing of information based on the best interests of the child. The order may restrict or prohibit visitation, contact and the sharing of information. The order may incorporate an agreement reached among the parties.
(1)
Upon a showing by affidavit of immediate harm to the child, the court may temporarily stay, for a maximum of thirty (30) days, the order of visitation or contact, on an ex parte basis, until a hearing can be held. A modification of an order of visitation or contact shall be based upon a finding, by a preponderance of evidence, that there has been a substantial change in the material circumstances, and that the proposed modification is in the best interest of the child.
(2)
Nothing in this part shall prevent removal of the child by the department from the permanent guardian, based upon allegations of abuse or neglect, pursuant to §§
37-1-113
and
37-1-128
.
Acts 2005, ch. 389, § 1; 2006, ch. 802, § 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 8 - PERMANENT GUARDIANSHIP (§§ 37-1-801 — 37-1-807) › Section 37-1-804 - Custody - Rights and responsibilities of permanent guardian - Liability

(a)
The permanent guardian shall maintain physical custody of the child and shall have the following rights and responsibilities concerning the child:
(1)
To protect, nurture, discipline, and educate the child;
(2)
To provide food, clothing, shelter, and education as required by law, and necessary health care, including medical, dental and mental health, for the child;
(3)
To consent to health care, without liability by reason of the consent for injury to the child resulting from the negligence or acts of third persons, unless a parent would have been liable in the circumstances;
(4)
To authorize a release of health care and educational information;
(5)
To authorize a release of information when consent of a parent is required by law, regulation, or policy;
(6)
To consent to social and school activities of the child;
(7)
To consent to military enlistment or marriage;
(8)
To obtain representation for the child in legal actions;
(9)
To determine the nature and extent of the child's contact with other persons;
(10)
To make decisions regarding travel; and
(11)
To manage the child's income and assets.
(b)
The permanent guardian is not liable to third persons by reason of the relationship for acts of the child.
Acts 2005, ch. 389, § 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 8 - PERMANENT GUARDIANSHIP (§§ 37-1-801 — 37-1-807) › Section 37-1-805 - Jurisdiction of court

The court shall retain jurisdiction to enforce, modify, or terminate a permanent guardianship order until the child reaches eighteen (18) years of age, or the age of nineteen (19) for children adjudicated delinquent.
Acts 2005, ch. 389, § 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 8 - PERMANENT GUARDIANSHIP (§§ 37-1-801 — 37-1-807) › Section 37-1-807 - Monetary support of the child - How child claimed for tax purposes

(a)
Nothing under this part shall preclude the permanent guardian from receiving money paid for the child's support to the child's parent under the terms of any statutory benefit or insurance system or any private contract, settlement, agreement, court order, devise, trust, conservatorship, or custodianship, and money or property of the child.
(b)
In the event the income and assets of the parent qualify the child for government benefits, the benefits may be conferred upon the child with the payment to be made to the permanent guardian. The provision of necessities by the permanent guardian shall not disqualify the child for any benefit or entitlement.
(c)
The court may order and decree that the parent or other legally obligated person shall pay, in such manner as the court may direct, a reasonable sum that will cover, in whole or in part, the support and medical treatment of the child after the permanent guardianship order is entered. If the parent or other legally obligated person willfully fails or refuses to pay such sum, the court may proceed against that person for contempt, or may file the order, which shall have the effect of a civil judgment.
(d)
If applicable, in the order the court shall provide how the child should be claimed as a dependent for the federal income tax purposes.
Acts 2005, ch. 389, § 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 9 - TENNESSEE ZERO TO THREE COURT INITIATIVE (§§ 37-1-901 — 37-1-910) › Section 37-1-901 - [For postponed repeal effective 1/1/2025, see T.C.A. 37-1-910] Short title

This part shall be known and may be cited as the "Tennessee Zero to Three Court Initiative."
Amended by 2019 Tenn. Acts, ch. 383, s 10, eff. 5/10/2019.
Added by 2017 Tenn. Acts, ch. 366, s 1, eff. 1/1/2018.
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 9 - TENNESSEE ZERO TO THREE COURT INITIATIVE (§§ 37-1-901 — 37-1-910) › Section 37-1-902 - [For postponed repeal effective 1/1/2025, see T.C.A. 37-1-910] Legislative intent - Goals of zero to three court programs

(a)
The general assembly recognizes that a critical need exists in this state for child and family programs to reduce the incidence of child abuse, neglect, and endangerment, minimize the effects of childhood trauma on small children, and provide stability to parents and children within the state. It is the intent of the general assembly by this part to create an initiative to facilitate the implementation of new and the continuation of existing zero to three court programs.
(b)
The goals of the zero to three court programs created under this part include the following:
(1)
To reduce time to permanency of children thirty-six (36) months of age or younger by surrounding at-risk families with support services;
(2)
To reduce incidences of repeat maltreatment among children thirty-six (36) months of age or younger;
(3)
To reduce the long-term and short-term effects of traumatic experiences occurring when a child is thirty-six (36) months of age or younger on a child's brain development;
(4)
To promote public safety through these reductions;
(5)
To increase the personal, familial, and societal accountability of families; and
(6)
To promote effective interaction and the use of resources among both public and private state and local child and family service agencies, state and local mental health agencies, and community agencies. It is the intent of the general assembly that in appropriate circumstances vetted, trained, and approved safe baby court volunteers be utilized to the fullest extent possible.
(c)
As used in this part, "zero to three court program" and "safe baby court" means any court program created within this state that seeks to accomplish the goals stated in subsection (b) and that is established by a judge with jurisdiction over juvenile court matters. Except as provided in §
37-1-906
, a safe baby court has the same powers as the court that created it.
Amended by 2019 Tenn. Acts, ch. 383, Secs.s 1, s 2, s 10 eff. 5/10/2019.
Added by 2017 Tenn. Acts, ch. 366, s 1, eff. 1/1/2018.
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 9 - TENNESSEE ZERO TO THREE COURT INITIATIVE (§§ 37-1-901 — 37-1-910) › Section 37-1-904 - [For postponed repeal effective 1/1/2025, see T.C.A. 37-1-910] No right to participate in zero to three court program established

Nothing contained in this part shall confer a right or an expectation of a right of participation in a zero to three court program to a person within the juvenile court system.
Amended by 2019 Tenn. Acts, ch. 383, s 10, eff. 5/10/2019.
Added by 2017 Tenn. Acts, ch. 366, s 1, eff. 1/1/2018.
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 9 - TENNESSEE ZERO TO THREE COURT INITIATIVE (§§ 37-1-901 — 37-1-910) › Section 37-1-905 - [For postponed repeal effective 1/1/2025, see T.C.A. 37-1-910] No limitation on ability to create and maintain zero to three court program

Nothing in this part shall be construed to limit the ability of any jurisdiction to create and maintain a zero to three court program that strives to accomplish the goals set forth in §
37-1-902
.
Amended by 2019 Tenn. Acts, ch. 383, s 10, eff. 5/10/2019.
Added by 2017 Tenn. Acts, ch. 366, s 1, eff. 1/1/2018.
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 9 - TENNESSEE ZERO TO THREE COURT INITIATIVE (§§ 37-1-901 — 37-1-910) › Section 37-1-906 - [For postponed repeal effective 1/1/2025, see T.C.A. 37-1-910] Referral of juvenile court matter to safe baby court program

A juvenile court matter that meets the safe baby court program criteria may be referred to a safe baby court program at any time during the pendency of the proceeding. If a matter is transferred to a safe baby court program, any permanency plan already in place must be scheduled for a review hearing by the court within thirty (30) days of the transfer to safe baby court.
Added by 2019 Tenn. Acts, ch. 383, s 6, eff. 5/10/2019.
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 9 - TENNESSEE ZERO TO THREE COURT INITIATIVE (§§ 37-1-901 — 37-1-910) › Section 37-1-907 - [For postponed repeal effective 1/1/2025, see T.C.A. 37-1-910] Application for grants not precluded

This part does not preclude the ability of a safe baby court to apply for and receive matching monetary grants in addition to funds allotted to safe baby court programs from the department of children's services, the department of mental health and substance abuse services, and the administrative office of the courts.
Added by 2019 Tenn. Acts, ch. 383, s 7, eff. 5/10/2019.
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 9 - TENNESSEE ZERO TO THREE COURT INITIATIVE (§§ 37-1-901 — 37-1-910) › Section 37-1-908 - [For postponed repeal effective 1/1/2025, see T.C.A. 37-1-910] Termination of participation in safe baby court program

A party's participation in a safe baby court program may be terminated at the discretion of the court if the party fails to comply with the program requirements.
Added by 2019 Tenn. Acts, ch. 383, s 8, eff. 5/10/2019.
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 9 - TENNESSEE ZERO TO THREE COURT INITIATIVE (§§ 37-1-901 — 37-1-910) › Section 37-1-909 - [For postponed repeal effective 1/1/2025, see T.C.A. 37-1-910] Safe baby court advisory committee

To assist in the development of rules and regulations and to ensure that the views of the safe baby court community are appropriately communicated to the commissioner of children's services, the director of the administrative office of the courts, and the commissioner of mental health and substance abuse services, there is created a safe baby court advisory committee. The committee members shall be named by the director of the administrative office of the courts, the commissioner of children's services, and the commissioner of mental health and substance abuse services. The commissioner of children's services will chair the committee. The committee shall strive to develop non-regulatory strategies to address issues related to the operation of safe baby courts and to facilitate necessary changes. The members of the committee serve as volunteers and shall not be paid or reimbursed for time served as committee members.
Added by 2019 Tenn. Acts, ch. 383, s 9, eff. 5/10/2019.
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 9 - TENNESSEE ZERO TO THREE COURT INITIATIVE (§§ 37-1-901 — 37-1-910) › Section 37-1-910 - [Repealed]

Repealed by 2024 Tenn. Acts, ch. 638,s 1, eff. 4/4/2024.
Added by 2019 Tenn. Acts, ch. 383, s 11, eff. 5/10/2019.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 2 - PLACEMENT OF JUVENILES (§§ 37-2-101 — 37-2-605) › Part 2 - COUNTY DEPARTMENT OF CHILDREN'S SERVICES ACT OF 1979 (§§ 37-2-201 — 37-2-208) › Section 37-2-201 - Short title

This part shall be known and may be cited as the "County Department of Children's Services Act of 1979."
Acts 1979, ch. 143, § 1; T.C.A., § 37-401.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 2 - PLACEMENT OF JUVENILES (§§ 37-2-101 — 37-2-605) › Part 2 - COUNTY DEPARTMENT OF CHILDREN'S SERVICES ACT OF 1979 (§§ 37-2-201 — 37-2-208) › Section 37-2-202 - Authority to establish department

The various counties are hereby authorized to establish and operate a department of children's services to take custody and guardianship of the person of any child adjudicated dependent and neglected, unruly or delinquent by a juvenile court and placed in the custody of such department.
Acts 1979, ch. 143, § 2; T.C.A., § 37-402.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 2 - PLACEMENT OF JUVENILES (§§ 37-2-101 — 37-2-605) › Part 2 - COUNTY DEPARTMENT OF CHILDREN'S SERVICES ACT OF 1979 (§§ 37-2-201 — 37-2-208) › Section 37-2-203 - Appointment of director and other personnel

The county mayor may, with the approval of the county legislative body, appoint a director and such other personnel as may be deemed necessary to provide efficient management of homes and institutions owned or operated by the county, and to assure that children in custody of such department receive the proper care and services. Each such director shall serve at the will and pleasure of the appointing authority.
Acts 1979, ch. 143, § 3; T.C.A., § 37-403; 2003, ch. 90, § 2.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 2 - PLACEMENT OF JUVENILES (§§ 37-2-101 — 37-2-605) › Part 2 - COUNTY DEPARTMENT OF CHILDREN'S SERVICES ACT OF 1979 (§§ 37-2-201 — 37-2-208) › Section 37-2-204 - Authority to establish and operate homes

Counties and municipalities within this state are authorized and empowered to establish, erect, operate and maintain homes for the care and treatment of dependent and neglected, unruly and delinquent children, and to purchase services from any agency, public or private, that is authorized by law to receive or provide care or services for children.
Acts 1979, ch. 143, § 4; T.C.A., § 37-404.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 2 - PLACEMENT OF JUVENILES (§§ 37-2-101 — 37-2-605) › Part 2 - COUNTY DEPARTMENT OF CHILDREN'S SERVICES ACT OF 1979 (§§ 37-2-201 — 37-2-208) › Section 37-2-206 - Modification of court order

The director of a county department of children's services, or the director's designee, or any interested party, may petition the committing court to modify an order awarding custody of a child to the county department on the ground that changed circumstances so require in the best interest of the child.
Acts 1979, ch. 143, § 6; T.C.A., § 37-406.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 2 - PLACEMENT OF JUVENILES (§§ 37-2-101 — 37-2-605) › Part 2 - COUNTY DEPARTMENT OF CHILDREN'S SERVICES ACT OF 1979 (§§ 37-2-201 — 37-2-208) › Section 37-2-207 - Use of facilities of another county

Any county legislative body within the provisions of this part is hereby authorized to enter into an agreement with any other county for the use of the facility in its department of children's services. The county having such a department shall be entitled to reimbursement from the state in the same manner for any juvenile committed from such contracting county. Guardianship of all such juveniles committed from another county under this section shall immediately transfer to the director of the department of children's services to which the juvenile is committed.
Acts 1979, ch. 143, § 7; T.C.A., § 37-407.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 2 - PLACEMENT OF JUVENILES (§§ 37-2-101 — 37-2-605) › Part 2 - COUNTY DEPARTMENT OF CHILDREN'S SERVICES ACT OF 1979 (§§ 37-2-201 — 37-2-208) › Section 37-2-208 - Authority to appropriate funds

The county legislative body is hereby authorized to appropriate funds for the operation of the county department of children's services.
Acts 1979, ch. 143, § 8; T.C.A., § 37-408.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 2 - PLACEMENT OF JUVENILES (§§ 37-2-101 — 37-2-605) › Part 3 - SUBSIDIZED RECEIVING HOMES (§§ 37-2-301 — 37-2-319) › Section 37-2-301 - Authority to provide

Counties, through their county legislative bodies, are authorized and empowered to set up subsidized receiving homes for the care of dependent, neglected or abandoned children, or children without proper parental care or guardianship, whenever an order is made by proper resolution duly adopted by a majority of the members constituting the legislative body and placed on the minutes of the legislative body.
Acts 1949, ch. 222, § 1; C. Supp. 1950, § 4746.1 (Williams, § 4765.119); T.C.A. (orig. ed.), § 37-601.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 2 - PLACEMENT OF JUVENILES (§§ 37-2-101 — 37-2-605) › Part 3 - SUBSIDIZED RECEIVING HOMES (§§ 37-2-301 — 37-2-319) › Section 37-2-302 - Appropriations and tax levy for subsidizing homes

County legislative bodies are authorized and empowered to appropriate from funds on hand not otherwise appropriated, such sums as the legislative body may deem necessary to subsidize such homes and to furnish board and care for children committed to such homes as provided in §
37-2-314
; or the legislative bodies may levy a tax on property to meet such appropriations. These sums shall be paid by warrant drawn on the county treasury when proper invoice or bill has been audited and approved by the county mayor or the county mayor's designated agent.
Acts 1949, ch. 222, § 2; C. Supp. 1950, § 4746.2 (Williams, § 4765.120); T.C.A. (orig. ed.), § 37-602; Acts 2003, ch. 90, § 2.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 2 - PLACEMENT OF JUVENILES (§§ 37-2-101 — 37-2-605) › Part 3 - SUBSIDIZED RECEIVING HOMES (§§ 37-2-301 — 37-2-319) › Section 37-2-303 - State's contribution to cost of subsidizing homes

The state of Tennessee, through the department of human services, shall set up a grant in aid fund in the support of every licensed receiving home in the amount of fifty percent (50%) of the cost of subsidizing the home and fifty percent (50%) of the boarding care and special needs of any child placed in the home as provided in §
37-2-314
.
Acts 1949, ch. 222, § 3; C. Supp. 1950, § 4746.3 (Williams, § 4765.121); T.C.A. (orig. ed.), § 37-603.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 2 - PLACEMENT OF JUVENILES (§§ 37-2-101 — 37-2-605) › Part 3 - SUBSIDIZED RECEIVING HOMES (§§ 37-2-301 — 37-2-319) › Section 37-2-304 - Rules and regulations of department of human services

The department of human services is empowered and directed to promulgate and enforce such rules and regulations for the conduct of all such receiving homes as shall be necessary to effect the purpose of this part and other laws of the state relating to children and safeguard the well being of all children kept therein.
Acts 1949, ch. 222, § 13; C. Supp. 1950, § 4746.13 (Williams, § 4765.131); impl. am. Acts 1975, ch. 219, § 1; T.C.A. (orig. ed.), § 37-604.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 2 - PLACEMENT OF JUVENILES (§§ 37-2-101 — 37-2-605) › Part 3 - SUBSIDIZED RECEIVING HOMES (§§ 37-2-301 — 37-2-319) › Section 37-2-305 - Inspection and license by department of human services required

No home in any county shall be approved as a county receiving home until it has been inspected and licensed by the department of human services, and such license shall not be issued for a period longer than one (1) year.
Acts 1949, ch. 222, § 6; C. Supp. 1950, § 4746.6 (Williams, § 4765.124); impl. am. Acts 1975, ch. 219, § 1; T.C.A. (orig. ed.), § 37-605.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 2 - PLACEMENT OF JUVENILES (§§ 37-2-101 — 37-2-605) › Part 3 - SUBSIDIZED RECEIVING HOMES (§§ 37-2-301 — 37-2-319) › Section 37-2-306 - Licensed home requirements - Approval by health and fire prevention departments

No such license shall be issued unless the premises are in a fit sanitary condition, and the home is equipped and staffed to provide properly for the physical, social, moral, mental, educational and religious needs of all children kept therein. The application for such license shall have been approved by the department of health and the fire prevention division of the department of commerce and insurance.
Acts 1949, ch. 222, § 7; C. Supp. 1950, § 4746.7 (Williams, § 4765.125); impl. am. Acts 1971, ch. 137, § 1; T.C.A. (orig. ed.), § 37-606.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 2 - PLACEMENT OF JUVENILES (§§ 37-2-101 — 37-2-605) › Part 3 - SUBSIDIZED RECEIVING HOMES (§§ 37-2-301 — 37-2-319) › Section 37-2-307 - Contents of license - Limitation on number of children

The license shall state the name of the licensee, the particular premises in which the business may be carried on, and the number of children, not to exceed eight (8), that may be properly boarded or cared for therein at any one time.
Acts 1949, ch. 222, § 8; C. Supp. 1950, § 4746.8 (Williams, § 4765.126); T.C.A. (orig. ed.), § 37-607.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 2 - PLACEMENT OF JUVENILES (§§ 37-2-101 — 37-2-605) › Part 3 - SUBSIDIZED RECEIVING HOMES (§§ 37-2-301 — 37-2-319) › Section 37-2-308 - Record of license kept by department of human services and county mayor

A record of the license so issued shall be kept by the department of human services and by the county mayor of the county in which the home is located.
Acts 1949, ch. 222, § 9; C. Supp. 1950, § 4746.9 (Williams, § 4765.127); impl. am. Acts 1975, ch. 219, § 1; T.C.A. (orig. ed.), § 37-608; Acts 2003, ch. 90, § 2.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 2 - PLACEMENT OF JUVENILES (§§ 37-2-101 — 37-2-605) › Part 3 - SUBSIDIZED RECEIVING HOMES (§§ 37-2-301 — 37-2-319) › Section 37-2-309 - License must be maintained on premises

Such license shall be kept and maintained upon the premises at all times and exhibited upon request of any member of the general public or representative of the state, county or municipal government.
Acts 1949, ch. 222, § 12; C. Supp. 1950, § 4746.12 (Williams, § 4765.130); T.C.A. (orig. ed.), § 37-609.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 2 - PLACEMENT OF JUVENILES (§§ 37-2-101 — 37-2-605) › Part 3 - SUBSIDIZED RECEIVING HOMES (§§ 37-2-301 — 37-2-319) › Section 37-2-310 - Revocation of license

Any license issued under this part may be revoked by the department of human services acting through the commissioner. The department shall notify the licensee thirty (30) days prior to revoking any license stating the reasons for revocation. A copy of the notice shall be sent to the county mayor of the county in which the home is located. Thirty (30) days after the issuance of the notice the department, by its agent, shall visit the home and, if the reasons set out in the notice for revoking the license have been corrected, the license shall not be revoked; but if the reasons set out in the notice have not been corrected, the license may be revoked by the department acting through the commissioner after an opportunity for a fair hearing before the commissioner or the commissioner's duly designated representative, the juvenile judge and the county attorney.
Acts 1949, ch. 222, § 15; C. Supp. 1950, § 4746.15 (Williams, § 4765.133); impl. am. Acts 1975, ch. 219, § 1; T.C.A. (orig. ed.), § 37-610; Acts 2003, ch. 90, § 2.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 2 - PLACEMENT OF JUVENILES (§§ 37-2-101 — 37-2-605) › Part 3 - SUBSIDIZED RECEIVING HOMES (§§ 37-2-301 — 37-2-319) › Section 37-2-311 - License necessary to receive child or subsidy therefor

No person shall receive a child for care in any such home or receive any payment for subsidy or for board or special needs of any child unless it has an unrevoked license issued by the department of human services within twelve (12) months preceding the payment of such subsidy or the placement of such child.
Acts 1949, ch. 222, § 10; C. Supp. 1950, § 4746.10 (Williams, § 4765.128); impl. am. Acts 1975, ch. 219, § 1; T.C.A. (orig. ed.), § 37-611.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 2 - PLACEMENT OF JUVENILES (§§ 37-2-101 — 37-2-605) › Part 3 - SUBSIDIZED RECEIVING HOMES (§§ 37-2-301 — 37-2-319) › Section 37-2-312 - Contract with licensed receiving homes - Terms

The county mayor and the department of human services, through its designated agent, shall enter into a written contract with each licensed receiving home, the contract to state the amount of subsidy to be paid for each bed, the number of beds to be available at all times, and the monthly, weekly and daily amount to be paid for the board of each child placed in the home, and such special needs and the amounts of each that may be provided for each child placed in the home.
Acts 1949, ch. 222, § 4; C. Supp. 1950, § 4746.4 (Williams, § 4765.122); impl. am. Acts 1975, ch. 219, § 1; T.C.A. (orig. ed.), § 37-612; Acts 2003, ch. 90, § 2.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 2 - PLACEMENT OF JUVENILES (§§ 37-2-101 — 37-2-605) › Part 3 - SUBSIDIZED RECEIVING HOMES (§§ 37-2-301 — 37-2-319) › Section 37-2-313 - Quarterly reports made by county to department of human services

Each county maintaining a subsidized receiving home shall submit to the department of human services by the tenth of each month or the first of each quarter, that is, January, April, July, and October, respectively, an itemized statement of the cost of subsidizing each licensed receiving home, and an itemized statement of the boarding care and special needs provided each child placed in the home during the preceding month or quarter. Within thirty (30) days after receipt of the statement, the department shall reimburse the county in the amount of fifty percent (50%) of the statement, so long as the cost of the subsidy, boarding care and special needs of any one (1) child does not exceed the amount specified in the contract entered into by the county, the department and the receiving home.
Acts 1949, ch. 222, § 5; C. Supp. 1950, § 4746.5 (Williams, § 4765.123); impl. am. Acts 1975, ch. 219, § 1; T.C.A. (orig. ed.), § 37-613.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 2 - PLACEMENT OF JUVENILES (§§ 37-2-101 — 37-2-605) › Part 3 - SUBSIDIZED RECEIVING HOMES (§§ 37-2-301 — 37-2-319) › Section 37-2-314 - Commitment of children to homes

Any dependent, neglected or abandoned child or any child without proper parental care or guardianship shall be received in the home by commitment of the juvenile judge wherever the juvenile judge's jurisdiction permits, upon a judgment or decree entered in the court showing that the child is dependent, neglected or abandoned or without proper parental care or guardianship, or is likely to become a public charge.
Acts 1949, ch. 222, § 16; C. Supp. 1950, § 4746.16 (Williams, § 4765.134); T.C.A. (orig. ed.), § 37-614.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 2 - PLACEMENT OF JUVENILES (§§ 37-2-101 — 37-2-605) › Part 3 - SUBSIDIZED RECEIVING HOMES (§§ 37-2-301 — 37-2-319) › Section 37-2-315 - Period of commitment

The period of commitment to the home shall be for such time as may be fixed by the juvenile judge, in the order of commitment, pending social study and planning for the best interest of each child committed, but of not longer than the majority of the child.
Acts 1949, ch. 222, § 17; C. Supp. 1950, § 4746.17 (Williams, § 4765.135); T.C.A. (orig. ed.), § 37-615.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 2 - PLACEMENT OF JUVENILES (§§ 37-2-101 — 37-2-605) › Part 3 - SUBSIDIZED RECEIVING HOMES (§§ 37-2-301 — 37-2-319) › Section 37-2-316 - Case record kept on each child

The county office of the department of human services shall prepare a case record on each child committed under the provisions of this part and shall furnish the juvenile judge with a summary of the record, who shall preserve the record in a well-bound book.
Acts 1949, ch. 222, § 18; C. Supp. 1950, § 4746.18 (Williams, § 4765.136); impl. am. Acts 1975, ch. 219, § 1; T.C.A. (orig. ed.), § 37-616.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 2 - PLACEMENT OF JUVENILES (§§ 37-2-101 — 37-2-605) › Part 3 - SUBSIDIZED RECEIVING HOMES (§§ 37-2-301 — 37-2-319) › Section 37-2-317 - Investigation by department of human services

The department of human services, by its agents, has the power to enter, visit and investigate any licensed receiving home at any and all reasonable times without prior notice of its intentions so to do.
Acts 1949, ch. 222, § 14; C. Supp. 1950, § 4746.14 (Williams, § 4765.132); impl. am. Acts 1975, ch. 219, § 1; T.C.A. (orig. ed.), § 37-617.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 2 - PLACEMENT OF JUVENILES (§§ 37-2-101 — 37-2-605) › Part 3 - SUBSIDIZED RECEIVING HOMES (§§ 37-2-301 — 37-2-319) › Section 37-2-318 - Exceeding number of children authorized prohibited - Keeping children in place not designated in license prohibited

No greater number of children shall be kept at any one time on the licensed premises than is authorized by the license, and no child shall be kept in a building or place not designated in the license.
Acts 1949, ch. 222, § 11; C. Supp. 1950, § 4746.11 (Williams, § 4765.129); T.C.A. (orig. ed.), § 37-618.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 2 - PLACEMENT OF JUVENILES (§§ 37-2-101 — 37-2-605) › Part 3 - SUBSIDIZED RECEIVING HOMES (§§ 37-2-301 — 37-2-319) › Section 37-2-319 - Violation of part - False statements or reports - Penalty

Any person who violates this part or the regulations promulgated by the department of human services by direction of this part or who willfully makes any false statements or reports to the department or the county mayor, or both, of any county with reference to any matter embraced by this part commits a Class A misdemeanor.
Acts 1949, ch. 222, § 19; C. Supp. 1950, § 4746.19 (Williams, § 4765.137); impl. am. Acts 1975, ch. 219, § 1; T.C.A. (orig. ed.), § 37-619; Acts 1989, ch. 591, § 111; 2003, ch. 90, § 2.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 2 - PLACEMENT OF JUVENILES (§§ 37-2-101 — 37-2-605) › Part 4 - FOSTER CARE (§§ 37-2-401 — 37-2-422) › Section 37-2-401 - Legislative intent - Construction of part

(a)
The primary purpose of this part is to protect children from unnecessary separation from parents who will give them good homes and loving care, to protect them from needless prolonged placement in foster care and the uncertainty it provides, and to provide them a reasonable assurance that, if an early return to the care of their parents is not possible, they will be placed in a permanent home at an early date.
(b)
The secondary purpose of this part is to provide a mechanism to monitor the care of children in foster care to ensure that everything reasonably possible is being done to achieve a permanent plan for the child.
(c)
When a parent by such parent's actions or failure to act fails to fulfill such parent's responsibilities as a parent, the court shall consider such conduct in determining whether to terminate parental rights, regardless of whether the parent intended such parent's conduct to constitute a relinquishment or forfeiture of such parent's parental rights. When the interests of a child and those of an adult are in conflict, such conflict is to be resolved in favor of a child, and to these ends this part shall be liberally construed.
(d)
The department of children's services shall strive to identify and finalize a safe, stable, and permanent home for children in the custody of the department.
Amended by 2023 Tenn. Acts, ch. 187,s 10, eff. 7/1/2023.
Acts 1976, ch. 731, § 1; 1982, ch. 811, § 1; 1983, ch. 438, §§ 1-6; T.C.A., § 37-1501(a).
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 2 - PLACEMENT OF JUVENILES (§§ 37-2-101 — 37-2-605) › Part 4 - FOSTER CARE (§§ 37-2-401 — 37-2-422) › Section 37-2-402 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Abandonment", for purposes of terminating the parental or guardian rights of a parent or a guardian of a child to that child in order to make that child available for adoption, has the same meaning as defined in §
36-1-102
;
(2)
"Abandonment of an infant" means, for purposes of terminating parental or guardian rights, "abandonment" of a child under one (1) year of age;
(3)
"Agency" means a child care agency, as defined in title 71, chapter 3, part 5, or in chapter 5, part 5 of this title, regardless of whether such agency is licensed or approved, and includes the department of children's services;
(4)
"Board" means an advisory review board appointed by a juvenile court judge, juvenile court judges, or the department of children's services as provided in this part;
(5)
"Court" means the juvenile court having jurisdiction over the person of the child, or, if no juvenile court has jurisdiction over the child, then the juvenile court in the county in which the child resides;
(6)
"Date of foster care placement" means the original date on which the child is physically placed in foster care;
(7)
"Judge" means a juvenile judge or the judge having jurisdiction over the person of the child;
(8)
"Parent" means the natural parent or legal guardian, except in cases when guardianship is held by an agency pursuant to a determination of abandonment or surrender of parental rights;
(9)
"Plan" or "permanency plan" means a written plan for a child placed in foster care with the department of children's services or in the care of an agency as defined in subdivision (3) and as provided in §
37-2-403
; and
(10)
"Report" means a written report by an advisory review board as provided in §
37-2-406
or by the department of children's services or by an agency having custody of a child as provided in §
37-2-404
.
Amended by 2024 Tenn. Acts, ch. 613,s 4, eff. 7/1/2024.
Amended by 2020 Tenn. Acts, ch. 525, s 12, eff. 3/6/2020.
Acts 1976, ch. 731, § 1; 1982, ch. 811, § 1; 1983, ch. 438, §§ 1-6; T.C.A., § 37-1501(b); Acts 1996, ch. 1079, §§ 73, 112; 1997 , ch. 253, § 1; 1998, ch. 1097, §§ 13, 14; 2000, ch. 981, §§ 51, 57; 2001, ch. 388, § 5; 2009 , ch. 411, § 9; 2010 , ch. 842, § 3; 2010 , ch. 887, § 1.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 2 - PLACEMENT OF JUVENILES (§§ 37-2-101 — 37-2-605) › Part 4 - FOSTER CARE (§§ 37-2-401 — 37-2-422) › Section 37-2-404 - Progress report to court or review board - Review of permanency plan

(a)
In addition to the plan required in §
37-2-403
, the department or agency shall submit to the appropriate court or foster care review board a report for each child in its foster care on progress made in achieving the goals set out in the plan. Such reports shall be prepared by the department or agency having custody of the child within ninety (90) days of the date of foster care placement and no less frequently than every six (6) months thereafter for so long as the child remains in foster care. At the time the progress report is provided to the court or foster care review board, the department or agency shall also provide a copy of the report to the child's parent(s) whose rights have not been terminated or surrendered, the parent's attorney, the guardian ad litem and/or attorney for the child, and the child who is a party to the proceeding.
(b)
Within ninety (90) days of the date of foster care placement and no less often than every six (6) months thereafter for so long as the child remains in foster care, the court or foster care review board shall review the plan for each child in foster care. Notice of this review and the right to attend and participate in the review shall be provided to the child's parent(s) whose rights have not been terminated or surrendered, the parent's attorney, the guardian ad litem and/or attorney for the child, foster parents, prospective adoptive parent, relative providing care for the child and the child who is a party to the proceeding. The department and the court shall develop adequate procedures to provide notice of the review to the aforementioned persons. The court or board shall review the safety, permanency and wellbeing of the child by assessing the necessity and appropriateness of continued foster care placement, the appropriateness of services for the child, the compliance of all parties to the statement of responsibilities, the extent of progress in alleviating or mitigating the causes necessitating placement in foster care and in achieving the goals contained in the permanency plan, and project a likely date on which the goal of the plan will be achieved.
Acts 1976, ch. 731, § 3; 1978, ch. 804, § 3; 1979, ch. 272, § 2; 1982, ch. 811, § 3; 1983, ch. 438, § 13; T.C.A., § 37-1503; Acts 1988, ch. 560, §§ 7, 8; 1996, ch. 1079, § 111; 1998, ch. 1097, § 18; 2010, ch. 842, § 5.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 2 - PLACEMENT OF JUVENILES (§§ 37-2-101 — 37-2-605) › Part 4 - FOSTER CARE (§§ 37-2-401 — 37-2-422) › Section 37-2-405 - Adoption of guidelines

The department of children's services may, by regulation, adopt and prepare additional guidelines for the plans required of agencies; however, no such guidelines shall apply to a licensed child care agency if not applicable to the department. All plans established for the child shall contain at least the following:
(1)
The purpose for which the child has been placed in foster care;
(2)
The estimated length of time in which the purpose of foster care will be accomplished;
(3)
The description of services that are to be provided in order for the purpose of foster care to be accomplished, including those services to be provided to the family;
(4)
The person within the department or agency who is directly responsible for assuring that the plan is implemented; and
(5)
A list of services available from other state programs or agencies.
Amended by 2023 Tenn. Acts, ch. 187, s 11, eff. 7/1/2023.
Acts 1976, ch. 731, § 3; 1979, ch. 272, § 3; 1983, ch. 438, § 19; T.C.A., § 37-1504; Acts 1988, ch. 979, § 4; 1996, ch. 1079, § 73; 2000, ch. 981, § 51; 2010 , ch. 842, § 6.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 2 - PLACEMENT OF JUVENILES (§§ 37-2-101 — 37-2-605) › Part 4 - FOSTER CARE (§§ 37-2-401 — 37-2-422) › Section 37-2-407 - Department of children's services - Duties

The department of children's services shall prepare suggestions for review procedures that may be used by each advisory review board. Such suggested procedures may provide a basis for uniform review procedure throughout this state.
Acts 1976, ch. 731, § 5; T.C.A., § 37-1506; Acts 1996, ch. 1079, § 73.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 2 - PLACEMENT OF JUVENILES (§§ 37-2-101 — 37-2-605) › Part 4 - FOSTER CARE (§§ 37-2-401 — 37-2-422) › Section 37-2-408 - Confidentiality of plans and records

(a)
All records, reports, permanency plans, reviews and reports of the foster care review boards or any material prepared in connection with the planning, placement or care of a child in the care or custody of the department of children's services or in foster care with any agency or person pursuant to this part, shall be confidential and shall not be a public record and shall be disclosed only for the purposes directly related to the administration of this part, or as permitted pursuant to the provisions of §
37-1-409
or §
37-1-612
, or as otherwise determined by the department of children's services to be reasonably necessary or reasonably required and as directly related to the provision of any services needed by the child.
(b)
A violation of this section is a Class B misdemeanor.
Acts 1976, ch. 731, § 6; T.C.A., § 37-1507; Acts 1996, ch. 1079, § 114.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 2 - PLACEMENT OF JUVENILES (§§ 37-2-101 — 37-2-605) › Part 4 - FOSTER CARE (§§ 37-2-401 — 37-2-422) › Section 37-2-410 - Rehearing - Modification of order

Any interested person, at any time while the child is under the jurisdiction of the court, may file a petition, in writing and under oath, for a rehearing upon all matters coming within this part, and upon rehearing, the court may, consistent with §§
37-1-129(c)
and
37-2-403(d)
, modify or set aside any order so reviewed.
Acts 1976, ch. 731, § 9; T.C.A., § 37-1509; Acts 1996, ch. 1079, § 116.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 2 - PLACEMENT OF JUVENILES (§§ 37-2-101 — 37-2-605) › Part 4 - FOSTER CARE (§§ 37-2-401 — 37-2-422) › Section 37-2-411 - Annual report on foster care - Confidentiality of report - Injunction and action for damages

(a)
Each year the department of children's services shall prepare and issue a report on foster care in Tennessee. The report shall include an analysis, evaluation or estimate, as appropriate, of the following, on a statewide basis:
(1)
The number of children in foster care;
(2)
The amount of funds expended by federal, state and local governments for maintenance payments to foster parents, group homes and institutes;
(3)
The amount of funds expended by federal, state and local governments on services to foster children and their natural parents or guardians;
(4)
The types of services being offered to parents and their children in order to keep the family together;
(5)
The number of foster children eligible for adoption, the number of such children adopted, and the number of foster children determined not to be adoptable and the reasons therefor;
(6)
The number of foster children placed in a planned permanent living arrangement or guardianship;
(7)
The size of caseloads of probation officers and social workers, the effect such caseloads have on the services offered to parents or their children, and the effectiveness of such services;
(8)
The movement of foster children within the program from placement to placement;
(9)
The foster care-related qualifications, education, and in-service training of social workers and probation officers who handle such cases;
(10)
Any other matters relating to foster children that the department deems appropriate to be included in the report. The report shall be published as part of the department's annual report required by §
37-5-105(4)
; and
(11)
The number of documented objections to foster care placements made pursuant to §
37-2-403(g)
.
(b)
All personal information and records obtained by the department pursuant to this section shall be confidential and may not be disclosed in this report in a way that could identify any individual, adult or child, in foster care or receiving assistance from the department or other child care agency.
(c)
Any person may bring an action against an individual who has willingly and knowingly released confidential information or records concerning such person in violation of this section, for the greater of the following amounts:
(1)
Five hundred dollars ($500); or
(2)
Three (3) times the amount of actual damages, if any, sustained by the plaintiff.
(d)
Any person may bring an action to enjoin the release of confidential information or records in violation of this part, and may in the same action seek damages as provided in this section. It is not a prerequisite to an action under this section that the plaintiff suffer or be threatened with actual damages.
Amended by 2021 Tenn. Acts, ch. 414, s 2, eff. 5/12/2021.
Amended by 2015 Tenn. Acts, ch. 178, Secs.s 2, s 3 eff. 4/17/2015.
Acts 1979, ch. 272, § 5; T.C.A., § 37-1511; Acts 1996, ch. 1079, § 73; 2000, ch. 981, § 51; 2002, ch. 629, § 6.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 2 - PLACEMENT OF JUVENILES (§§ 37-2-101 — 37-2-605) › Part 4 - FOSTER CARE (§§ 37-2-401 — 37-2-422) › Section 37-2-412 - Smoke detectors required in foster care dwellings

(a)
As used in this section, unless the context otherwise requires, "approved smoke detector" means a device that senses visible or invisible particles of combustion and has been investigated and listed in accordance with standards prescribed by:
(1)
A nationally recognized and approved independent testing agency laboratory, such as Underwriters' Laboratories' Standard for Single and Multiple Station Smoke Detectors (UL 217); or
(2)
An agency authorized to make independent inspections by the state fire marshal.
(b)
No person, agency, institution or home, whether public or private, shall:
(1)
Provide foster care services within any dwelling unless an approved smoke detector is installed and maintained within such dwelling by the person, agency, institution or home. When activated, the detector shall initiate an alarm that is audible in the sleeping rooms of the dwelling; or
(2)
Tamper with or remove any smoke detector required by this section, or a component thereof.
(c)
All smoke detectors required by this section:
(1)
Shall be installed in accordance with the manufacturer's directions, unless they conflict with applicable law; and
(2)
May be wired directly (hardwired) to the building's power supply, powered by a self-monitored battery, or operated with a plug-in outlet fitted with a plug restrainer device, provided the outlet is not controlled by any switch other than the main power supply.
(d)
Compliance with this section shall not relieve any person, agency, institution or home from the requirements of any other applicable law, ordinance, rule or regulation. Nothing in this section shall be construed to be in derogation of §
68-120-111
.
(e)
(1)
The department of children's services shall enforce this section only for its own foster homes or for agencies that it licenses pursuant to chapter 5, part 5 of this title, and it shall periodically undertake appropriate activities to encourage and ensure compliance.
(2)
Any violations noted by the department as a result of its inspections of child care agencies pursuant to §
37-5-513
shall be processed in the manner prescribed in that section.
(3)
The provisions of this section as it applies to persons, agencies, institutions or homes licensed by any other departments of this state to provide foster care for children shall be enforced by those departments. Those departments shall periodically undertake appropriate activities to encourage and ensure compliance.
Acts 1990, ch. 619, § 1; 1996, ch. 1079, § 73; 2000, ch. 981, §§ 51, 58.