reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 6 - MENTAL HEALTH SERVICE (§§ 33-6-101 — 33-6-1015) › Part 10 - DECLARATIONS FOR MENTAL HEALTH TREATMENT (§§ 33-6-1001 — 33-6-1015) › Section 33-6-1004 - Signature required - Witnesses

(a)
A declaration is effective only if it is signed by the service recipient and two (2) competent adult witnesses and is not signed on the premises of a mental health service provider. The witnesses shall attest that the service recipient is personally known to them; signed the declaration in their presence; talked with the witnesses about the document, its contents, and the reasons for preparing and wanting the document to be effective; appears to be capable of making mental health treatment decisions; and is not under duress, fraud, or undue influence.
(b)
None of the following may be used as a witness:
(1)
The service recipient's mental health service provider;
(2)
An employee of the service recipient's mental health service provider;
(3)
The operator of a mental health facility; or
(4)
An employee of a mental health facility.
(c)
At least one (1) of the persons who is a witness shall be a person who is neither:
(1)
A relative of the service recipient by blood, marriage or adoption; nor
(2)
A person who would be entitled to any portion of the estate of the service recipient upon the service recipient's death under any will or codicil of the service recipient that exists at the time of execution of the declaration for mental health treatment or by operation of law then existing.
Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 6 - MENTAL HEALTH SERVICE (§§ 33-6-101 — 33-6-1015) › Part 10 - DECLARATIONS FOR MENTAL HEALTH TREATMENT (§§ 33-6-1001 — 33-6-1015) › Section 33-6-1005 - Effective date and applicability of declaration - Compliance

(a)
A declaration becomes effective when it is signed by the declarant and all witnesses and remains valid until revoked or expired. The physician or provider shall act in accordance with an operative declaration when the service recipient has been found to be incapable of making mental health treatment decisions. The physician or provider shall continue to obtain the service recipient's informed consent to all mental health treatment decisions if the service recipient is capable of providing informed consent or refusal.
(b)
Upon being presented with a declaration, a physician or other provider shall make the declaration a part of the service recipient's medical record. When acting under authority of a declaration, a physician or provider shall comply with it to the fullest extent possible.
(c)
If the physician or other provider is unwilling at any time to comply with the declaration for mental health treatment, the physician or provider may withdraw from providing treatment consistent with the exercise of independent medical judgment and shall promptly notify the service recipient and document the notification in the service recipient's medical record. The physician or other provider shall arrange for the prompt and orderly transfer of the patient to the care of others when as a matter of conscience the health care provider cannot implement the decisions as provided in the declaration for mental health treatment.
Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 6 - MENTAL HEALTH SERVICE (§§ 33-6-101 — 33-6-1015) › Part 10 - DECLARATIONS FOR MENTAL HEALTH TREATMENT (§§ 33-6-1001 — 33-6-1015) › Section 33-6-1006 - Care contrary to declaration - Authorization by review committee - Emergency

(a)
The physician or other mental health service provider may provide mental health treatment to the service recipient in a manner contrary to the service recipient's wishes as expressed in a declaration for mental health treatment
IF AND ONLY IF
(1)
The service recipient is involuntarily committed to an inpatient treatment facility under this title and a treatment review committee authorizes it, OR
(2)
There is an emergency endangering the service recipient's life or health.
(b)
A declaration does not limit any authority under this title to take a person into custody or to admit, retain, or treat a person in a mental health facility.
Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 6 - MENTAL HEALTH SERVICE (§§ 33-6-101 — 33-6-1015) › Part 10 - DECLARATIONS FOR MENTAL HEALTH TREATMENT (§§ 33-6-1001 — 33-6-1015) › Section 33-6-1007 - Declaration superior to powers of conservator

If a conservator is appointed with powers over the person for mental health treatment, the declaration for mental health treatment shall remain in effect and shall be superior to the powers and duties of the conservator with respect to mental health treatment covered under the declaration.
Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 6 - MENTAL HEALTH SERVICE (§§ 33-6-101 — 33-6-1015) › Part 10 - DECLARATIONS FOR MENTAL HEALTH TREATMENT (§§ 33-6-1001 — 33-6-1015) › Section 33-6-1008 - New mental health care provider to receive copy of declaration

(a)
If a mental health service provider has a person's declaration for mental health treatment and learns that the person is being provided mental health treatment by another provider, the mental health service provider shall provide the current service provider with a copy of the declaration.
(b)
If a mental health service provider knows that a person has revoked a declaration for mental health treatment and learns that the person is being provided mental health treatment by another provider, the mental health service provider shall notify the current service provider of the revoked declaration.
Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 6 - MENTAL HEALTH SERVICE (§§ 33-6-101 — 33-6-1015) › Part 10 - DECLARATIONS FOR MENTAL HEALTH TREATMENT (§§ 33-6-1001 — 33-6-1015) › Section 33-6-1009 - Effect of declarations executed in another state

A declaration for mental health treatment that is validly executed in another state by a nonresident of this state at the time of execution shall be given effect in this state if the declaration for mental health treatment is in compliance with either this part or the laws of the state of the service recipient's residence and the department determines that those laws are essentially as protective of the service recipient as this part.
Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 6 - MENTAL HEALTH SERVICE (§§ 33-6-101 — 33-6-1015) › Part 10 - DECLARATIONS FOR MENTAL HEALTH TREATMENT (§§ 33-6-1001 — 33-6-1015) › Section 33-6-1010 - Incorporation into durable power of attorney for health care

A declaration for mental health treatment may be expressed in or incorporated into a durable power of attorney for health care that is executed under title 34, chapter 6, part 2, on or after March 1, 2001. The declaration in that case shall be revocable as to mental health service only under the conditions set in this part.
Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 6 - MENTAL HEALTH SERVICE (§§ 33-6-101 — 33-6-1015) › Part 10 - DECLARATIONS FOR MENTAL HEALTH TREATMENT (§§ 33-6-1001 — 33-6-1015) › Section 33-6-1011 - Immunity for actions taken or not taken in good faith reliance on declaraton

A physician or mental health service provider who administers or does not administer mental health treatment as provided in and in good faith reliance on the validity of a declaration is not subject to criminal prosecution, civil liability or professional disciplinary action based on a subsequent finding of the declaration's invalidity.
Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 6 - MENTAL HEALTH SERVICE (§§ 33-6-101 — 33-6-1015) › Part 10 - DECLARATIONS FOR MENTAL HEALTH TREATMENT (§§ 33-6-1001 — 33-6-1015) › Section 33-6-1012 - Admission to treatment not to be conditioned on execution of declaration for mental health treatment

No mental health service provider, medical service plan, health maintenance organization, insurer issuing disability insurance, self-insured employee welfare plan, or nonprofit hospital plan, or any similar insurance or medical plan, may condition admission to a mental health facility or providing mental or physical health treatment or insurance on the requirement that a person execute a declaration for mental health treatment.
Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 6 - MENTAL HEALTH SERVICE (§§ 33-6-101 — 33-6-1015) › Part 10 - DECLARATIONS FOR MENTAL HEALTH TREATMENT (§§ 33-6-1001 — 33-6-1015) › Section 33-6-1013 - Destruction or alteration of declaration prohibited - Penalty

(a)
It is an offense for a person, without authorization of the service recipient, intentionally to alter, forge, conceal, or destroy a declaration for mental health treatment, the revocation of a declaration, or any other evidence or document reflecting the service recipient's desires and interests, with the intent or effect of affecting the service recipient's mental health treatment.
(b)
An offense under this section is a Class A misdemeanor.
Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 6 - MENTAL HEALTH SERVICE (§§ 33-6-101 — 33-6-1015) › Part 10 - DECLARATIONS FOR MENTAL HEALTH TREATMENT (§§ 33-6-1001 — 33-6-1015) › Section 33-6-1014 - Standard form for declaration for mental health treatment

(a)
The department shall make available a standard form and explanation for declarations for mental health treatment in simple language and easily read type with adequate space to express the preferences and instructions of the service recipient.
(b)
The form shall include at least the following information:
(1)
The effect of making the declaration;
(2)
The basic power of a service recipient to control mental health treatment and involuntary treatment authority;
(3)
The general range of mental health treatment processes that the service recipient might consider;
(4)
The conditions under which the declaration may be acted on; and
(5)
How to revoke a declaration.
(c)
The form shall include places for at least the following types of preferences and instructions to be written:
(1)
Symptoms that may suggest use of the declaration;
(2)
Psychoactive medication;
(3)
Electroconvulsive or other convulsive treatment;
(4)
Admission to and remaining in mental health facilities;
(5)
Actions that the service recipient refuses to permit;
(6)
Mental health service providers; and
(7)
Other matters on which the service recipient may have preferences or instructions or wish to provide information to mental health service providers.
Acts 2000, ch. 947, § 1; 2002, ch. 730, § 50.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 6 - MENTAL HEALTH SERVICE (§§ 33-6-101 — 33-6-1015) › Part 10 - DECLARATIONS FOR MENTAL HEALTH TREATMENT (§§ 33-6-1001 — 33-6-1015) › Section 33-6-1015 - Providers to have written policies and procedures relating to declarations for mental health treatment

(a)
A mental health service provider shall maintain written policies and procedures, applicable to all competent adults who receive mental health treatment from the service provider, that provide for:
(1)
Delivering to service recipients the following information and material, in written form, without recommendation:
(A)
Information materials provided by the state on the right to make mental health treatment decisions, including the right to accept or refuse mental health treatment and the right to execute declarations for mental health treatment;
(B)
Information on the policies of the provider with respect to implementation of the right to make mental health treatment decisions;
(C)
A copy of the declaration for mental health treatment form; and
(D)
The name of a person who can provide additional information concerning the forms for declarations for mental health treatment;
(2)
Documenting in a prominent place in the service recipient's record whether there is an executed declaration for mental health treatment;
(3)
Ensuring compliance by the provider with the law relating to declarations for mental health treatment; and
(4)
Educating the staff and the community on issues relating to declarations for mental health treatment.
(b)
A provider need not furnish a copy of a declaration for mental health treatment to a service recipient if the provider has reason to believe that the service recipient has received a copy of a declaration in the form set forth in this part within the preceding twelve (12) month period or has a validly executed declaration.
(c)
The requirements of this section are in addition to any requirements that may be imposed under federal law and shall be interpreted in a manner consistent with federal law. Nothing in this section shall be interpreted to require a mental health service provider or any employee or agent of a mental health service provider to act in a manner inconsistent with federal law or contrary to the provider's religious or philosophical beliefs.
(d)
No mental health service provider is subject to criminal prosecution or civil liability for failure to comply with this section.
Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 7 - SECURITY UNITS AND FORENSIC SERVICES (§§ 33-7-101 — 33-7-405) › Part 1 - GENERAL PROVISIONS (§§ 33-7-101 — 33-7-104) › Section 33-7-101 - Examination of patients

Any person with mental illness hospitalized under this chapter or held in a forensic services unit shall be examined as often as practicable but not less often than every three (3) months.
Acts 1974, ch. 464, § 1; 1975, ch. 248, § 27; T.C.A., § 33-714; Acts 1984, ch. 922, § 37; 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 7 - SECURITY UNITS AND FORENSIC SERVICES (§§ 33-7-101 — 33-7-405) › Part 1 - GENERAL PROVISIONS (§§ 33-7-101 — 33-7-104) › Section 33-7-102 - Credit toward sentence - Release

(a)
Whenever a person is hospitalized or receives evaluation or treatment services under this chapter in connection with a criminal charge or conviction, wherever incarcerated, the person shall receive credit toward the satisfaction of the sentence for the time spent in the custody of the commissioner.
(b)
When a person has been transferred from the department of correction to the custody of the commissioner, the person shall be released from the custody of the commissioner at the expiration of the sentence unless a judicial hospitalization order has been entered with respect to the person.
Acts 1974, ch. 464, § 1; 1976, ch. 763, § 8; T.C.A., § 33-713; Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 7 - SECURITY UNITS AND FORENSIC SERVICES (§§ 33-7-101 — 33-7-405) › Part 1 - GENERAL PROVISIONS (§§ 33-7-101 — 33-7-104) › Section 33-7-103 - Judicial hospitalization order as transfer of custody

Without regard to its wording, any court order of hospitalization in a hospital or unit of a hospital shall be considered in law as a transfer of the person to the custody of the commissioner.
Acts 1974, ch. 464, § 1; T.C.A., § 33-715; Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 7 - SECURITY UNITS AND FORENSIC SERVICES (§§ 33-7-101 — 33-7-405) › Part 1 - GENERAL PROVISIONS (§§ 33-7-101 — 33-7-104) › Section 33-7-104 - Admissions to a state-owned or operated facility

Notwithstanding any other law to the contrary, all admissions or transfers to a state-owned or operated hospital or treatment resource under this chapter shall be subject to available suitable accommodations as defined in §
33-1-101
, and no admission to a state-owned or operated hospital or treatment resource under this chapter shall occur until the commissioner has designated the state owned or operated facility as having available suitable accommodations; provided, that, if there are no suitable available accommodations at the time of the determination, then the commissioner shall expeditiously find a state-owned or operated hospital or treatment resource to accommodate the person upon the availability of suitable available accommodations. Prior to transporting a defendant for such evaluation and treatment in a department facility, the sheriff or other transportation agent shall determine that the receiving facility has available suitable accommodations.
Acts 2009, ch. 531, § 43.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 7 - SECURITY UNITS AND FORENSIC SERVICES (§§ 33-7-101 — 33-7-405) › Part 2 - SECURITY UNITS (§§ 33-7-201 — 33-7-203) › Section 33-7-201 - Creation of forensic services units

The commissioner shall operate in the state hospitals secure facilities, known as forensic services units, necessary for persons with mental illness who are eligible for admission to the units under this title.
Acts 1974, ch. 464, § 1; T.C.A., § 33-701; Acts 1984, ch. 922, § 35; 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 7 - SECURITY UNITS AND FORENSIC SERVICES (§§ 33-7-101 — 33-7-405) › Part 2 - SECURITY UNITS (§§ 33-7-201 — 33-7-203) › Section 33-7-202 - Initiation of commitment proceedings - Findings required

(a)
If the commissioner authorizes the transfer of a voluntary service recipient with mental illness to a forensic services unit, the chief officer of the receiving facility shall initiate commitment proceedings under chapter 6, part 5 of this title.
(b)
In the proceedings the court shall determine, in addition to the findings required by chapter 6, part 5 of this title, whether the service recipient is substantially likely to injure the person or others if not treated in a forensic services unit and whether treatment in a forensic services unit is in the person's best interest.
Acts 1974, ch. 464, § 1; 1975, ch. 248, § 22; T.C.A., § 33-704; Acts 1984, ch. 922, § 36; 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 7 - SECURITY UNITS AND FORENSIC SERVICES (§§ 33-7-101 — 33-7-405) › Part 2 - SECURITY UNITS (§§ 33-7-201 — 33-7-203) › Section 33-7-203 - Discharge from forensic services unit

When a person in a forensic services unit no longer meets the standards under which the person was admitted to the unit, the chief officer shall cause the person to be discharged or to be returned to the hospital, division or facility from which the person was transferred or to be transferred to another appropriate facility or program.
Acts 1974, ch. 464, § 1; T.C.A., § 33-711; Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 7 - SECURITY UNITS AND FORENSIC SERVICES (§§ 33-7-101 — 33-7-405) › Part 3 - FORENSIC SERVICES (§§ 33-7-301 — 33-7-304) › Section 33-7-302 - Determination and notice of restored competence to stand trial

When the chief officer determines that a defendant in a state hospital or treatment resource who is charged with a crime is restored to competence to stand trial, the chief officer shall give notice of that fact to the clerk of the court by whose order the defendant was confined and deliver the defendant to the sheriff of the county from which the defendant was admitted.
Acts 1974, ch. 464, § 1; T.C.A., § 33-712; Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 7 - SECURITY UNITS AND FORENSIC SERVICES (§§ 33-7-101 — 33-7-405) › Part 3 - FORENSIC SERVICES (§§ 33-7-301 — 33-7-304) › Section 33-7-304 - Cost of evaluation and treatment - Court-ordered inpatient evaluation to be completed within thirty days of admission

(a)
The cost of evaluation and treatment under this part will be a charge upon the funds of the state. If the court finds the defendant financially able to pay all or part of the costs and expenses for the evaluation and treatment, the court may order the defendant to pay all or part of the costs and expenses. Payment must be made to the clerk of court for remittance to the person, agency, or facility to whom compensation is due, or, if the costs and expenses have been paid by the state, to the appropriate office of the state.
(b)
When a court orders a defendant charged with a misdemeanor to be evaluated under § 33-7-301(a), the court shall order that any inpatient evaluation be completed within thirty (30) days of admission to the facility.
Amended by 2024 Tenn. Acts, ch. 905,s 1, eff. 7/1/2024.
Acts 2009 , ch. 531, § 45; 2012 , ch. 997, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 7 - SECURITY UNITS AND FORENSIC SERVICES (§§ 33-7-101 — 33-7-405) › Part 4 - MANDATORY COMMUNITY-BASED SERVICES (§§ 33-7-401 — 33-7-405) › Section 33-7-401 - Mandatory community-based services for felony defendant incompetent to stand trial but not committable

IF AND ONLY IF
(1)
a court with criminal jurisdiction holds a hearing to commit an adult with mental illness under §
33-7-301
, AND
(2)
the court finds on proof by clear and convincing evidence that the person is:
(A)
charged with a felony,
(B)
incompetent to stand trial,
(C)
not committable under §
33-6-502
, AND
(D)
at risk of becoming committable, AND
(3)
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,
THEN
(4)
the court shall order the 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.
Amended by 2024 Tenn. Acts, ch. 784,s 17, eff. 7/1/2024.
Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 7 - SECURITY UNITS AND FORENSIC SERVICES (§§ 33-7-101 — 33-7-405) › Part 4 - MANDATORY COMMUNITY-BASED SERVICES (§§ 33-7-401 — 33-7-405) › Section 33-7-402 - Mandatory community-based services for person found in need of services by forensic examiner

If upon completion of an evaluation of a person under §
33-7-301
, the department determines that the person meets the standards in §
33-7-401(2)(B), (C), and (D), and (3)
, the department shall attempt to develop a community-based services plan for the person for the purpose stated. The plan shall be for a maximum of two (2) years, and no person shall participate in the plan for more than two (2) years.
Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 7 - SECURITY UNITS AND FORENSIC SERVICES (§§ 33-7-101 — 33-7-405) › Part 4 - MANDATORY COMMUNITY-BASED SERVICES (§§ 33-7-401 — 33-7-405) › Section 33-7-403 - Hearing

If a defendant contests a plan proposed by the department under §
33-7-401
, the court shall hold a hearing within seven (7) days of receipt of the request to determine whether the plan is programmatically appropriate and legally permissible. The court shall either approve the plan or approve the plan as modified by the department to correct deficiencies found by the court.
Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 7 - SECURITY UNITS AND FORENSIC SERVICES (§§ 33-7-101 — 33-7-405) › Part 4 - MANDATORY COMMUNITY-BASED SERVICES (§§ 33-7-401 — 33-7-405) › Section 33-7-404 - Periodic need assessment

A service provider for a person under §
33-7-401
shall assess the person's needs at least every six (6) months and shall report to the court every six (6) months on the person's progress toward the goal of the plan, prospects for recovery, the person's current condition, the time required for relevant kinds of recovery, and whether there is substantial probability that the person will become competent to stand trial in the foreseeable future. A service provider may request the court to release the person from the plan at any time.
Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 7 - SECURITY UNITS AND FORENSIC SERVICES (§§ 33-7-101 — 33-7-405) › Part 4 - MANDATORY COMMUNITY-BASED SERVICES (§§ 33-7-401 — 33-7-405) › Section 33-7-405 - Referral to other service provider where services under this part not effective

If after two (2) years of intensive services for competence to stand trial under §
33-7-401
, the person has not made substantial progress to attain competence to stand trial, the service provider shall assess the person's needs and may terminate the service plan and recommend to the court that the person be referred to other mental health services as deemed appropriate. The service provider shall report its conclusion to the court before terminating services.
Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 8 - SPECIAL PROVISIONS FOR CHILDREN (§§ 33-8-101 — 33-8-316) › Part 1 - SERVICES TO CHILDREN GENERALLY (§§ 33-8-101 — 33-8-106) › Section 33-8-101 - Applicability of title to children

(a)
Services for children who have mental illness or serious emotional disturbance are governed by all of this title. The general assembly finds that supporting families in their role as primary care givers for their children is more humane, efficient, and cost effective than placing children in state custody to obtain necessary services or otherwise placing children in settings outside their homes.
(b)
For children covered by this title, the following service principles are fundamental to carrying out the responsibilities of service providers and advocates:
(1)
Families and children are most responsible for determining their needs and should be included appropriately in planning and providing service and support;
(2)
Families should receive the support they need to care for their children at home;
(3)
Service providers and advocates should enable families and children to make good decisions concerning necessary, desirable, and appropriate services;
(4)
Service providers should coordinate services among agencies likely to provide services and supports to children and families;
(5)
Service providers and advocates should participate in development of interagency agreements under §
33-1-308
to assure consideration of the needs and problems of children and families; and
(6)
Service providers should achieve smooth transitions in services and supports as children grow through various stages of development and become vested in making decisions for themselves, including the transition into adulthood.
Amended by 2024 Tenn. Acts, ch. 688,s 92, eff. 7/1/2024.
Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 8 - SPECIAL PROVISIONS FOR CHILDREN (§§ 33-8-101 — 33-8-316) › Part 1 - SERVICES TO CHILDREN GENERALLY (§§ 33-8-101 — 33-8-106) › Section 33-8-102 - Responsibilities of department with regard to children

The department in coordination with the council on children's mental health care shall promote effective advocacy for services and supports for all children with mental illness or serious emotional disturbance. The department's responsibilities for children shall include, but not be limited to:
(1)
Promoting collaboration among care givers and service providers and equitable involvement of care givers in service plan development;
(2)
Case finding after the department has adopted rules regarding service and support to children;
(3)
Determining eligibility;
(4)
Providing basic service standards;
(5)
Facilitating the interdepartmental planning process for children through the statewide and regional planning and policy councils;
(6)
Initiating meetings or other processes to develop local interagency agreements as needs and problems are identified by service providers, advocates, or families;
(7)
Assisting children and their families to gain access to the system of services and supports;
(8)
Defining and listing an array of services and supports; and
(9)
Assisting youth who have been in the public system of care with transition to adult services.
Amended by 2024 Tenn. Acts, ch. 688,s 92, eff. 7/1/2024.
Acts 2000, ch. 947, § 1; 2008 , ch. 1062, § 5.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 8 - SPECIAL PROVISIONS FOR CHILDREN (§§ 33-8-101 — 33-8-316) › Part 1 - SERVICES TO CHILDREN GENERALLY (§§ 33-8-101 — 33-8-106) › Section 33-8-103 - Children as priority population

Children with serious emotional disturbances are a priority population for the department's mental health services and supports. The department shall set the array of services and supports for these priority populations annually in its plan. The state will fund and the department will maintain the array of services and supports for persons in this priority population. Consistent with applicable eligibility requirements, the state may provide the funding for the services through the medicaid program or any waiver granted under the medicaid program, specifically including TennCare, other public funds, or private funds.
Amended by 2024 Tenn. Acts, ch. 688,s 93, eff. 7/1/2024.
Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 8 - SPECIAL PROVISIONS FOR CHILDREN (§§ 33-8-101 — 33-8-316) › Part 1 - SERVICES TO CHILDREN GENERALLY (§§ 33-8-101 — 33-8-106) › Section 33-8-104 - Emancipated children - Rights and responsibilities under this title

Children who are emancipated by marriage, court order, or in any other way recognized by law in the state have all the rights and responsibilities of adults under this title, except to the extent those rights are restricted by court order. The parent of an emancipated child shall be treated as the parent of an adult under all provisions of this title that give parents rights or responsibilities with respect to the child.
Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 8 - SPECIAL PROVISIONS FOR CHILDREN (§§ 33-8-101 — 33-8-316) › Part 1 - SERVICES TO CHILDREN GENERALLY (§§ 33-8-101 — 33-8-106) › Section 33-8-105 - Interagency plans for transition to adult services

Mental health service providers shall prepare interagency plans to assure that persons seventeen (17) years of age in state custody who will continue to need services and supports in adulthood can make a smooth transition to adult services. The plan should take into account the requirements of other state and federal laws with respect to service. If necessary to avoid delays in service during the transition into adult services, plans shall be prepared before the persons become seventeen (17) years of age.
Amended by 2024 Tenn. Acts, ch. 688,s 94, eff. 7/1/2024.
Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 8 - SPECIAL PROVISIONS FOR CHILDREN (§§ 33-8-101 — 33-8-316) › Part 1 - SERVICES TO CHILDREN GENERALLY (§§ 33-8-101 — 33-8-106) › Section 33-8-106 - Interagency agreements - Cooperation of service providers with department

Service providers shall inform the department and the council on children's mental health care of needs or problems of children and families that may be addressed by local interagency agreements with the goals set in §
33-1-308
for state interagency agreements. Service providers shall participate in processes initiated by the department and the council on children's mental health care or others to address the needs or problems.
Acts 2000, ch. 947, § 1; 2008, ch. 1062, § 6.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 8 - SPECIAL PROVISIONS FOR CHILDREN (§§ 33-8-101 — 33-8-316) › Part 2 - SPECIAL PROVISIONS FOR MENTAL HEALTH SERVICES TO CHILDREN (§§ 33-8-201 — 33-8-203) › Section 33-8-201 - Child with alcohol or drug dependence or developmental disability

A child who has alcohol or drug dependence may only receive mental health service or support from the mental health service division if the condition is concurrent with another serious emotional disturbance or mental illness.
Amended by 2024 Tenn. Acts, ch. 688,s 95, eff. 7/1/2024.
Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 8 - SPECIAL PROVISIONS FOR CHILDREN (§§ 33-8-101 — 33-8-316) › Part 2 - SPECIAL PROVISIONS FOR MENTAL HEALTH SERVICES TO CHILDREN (§§ 33-8-201 — 33-8-203) › Section 33-8-202 - Rights of child sixteen (16)

(a)
If a child with serious emotional disturbance or mental illness is sixteen (16) years of age or older, the child has the same rights as an adult with respect to outpatient and inpatient mental health treatment, medication decisions, confidential information, and participation in conflict resolution procedures under this title except as provided in part 3 of this chapter, or as otherwise expressly provided in this title. If the child's parent, legal guardian, legal custodian, or treating professional believes that the child's decision to terminate treatment, other than a request for discharge under chapter 6, part 2 of this title, will have severe adverse effects on the child, the conflict resolution procedures under chapter 2, part 6 of this title shall be used.
(b)
An outpatient facility or professional may provide treatment and rehabilitation without obtaining the consent of the child's parent, legal guardian, or legal custodian.
(c)
Notwithstanding subsections (a) and (b), and to the extent allowable by federal privacy laws and regulations:
(1)
A child's parent, legal guardian, or legal custodian may access any prescription records resulting from treatment provided to an unemancipated minor pursuant to this section;
(2)
Notwithstanding subdivision (c)(1), a child's parent, legal guardian, or legal custodian shall not access prescription records resulting from the treatment provided to an unemancipated minor pursuant to this section if the treating professional is required to report abuse of the unemancipated minor pursuant to § 37-1-403 or § 37-1-605, and the treating professional believes that access to the prescription records is reasonably likely to endanger the life or physical safety of the minor; and
(3)
If an unemancipated minor communicates suicidal ideations to the treating professional, and the professional, using the reasonable skill, knowledge, and care ordinarily possessed and exercised by the professional's specialty under similar circumstances, has determined or reasonably should have determined that the unemancipated minor has the apparent ability to attempt suicide and is likely to attempt suicide unless prevented from doing so, then the treating professional shall, in addition to any other duties required by law, report such suicidal ideations to the unemancipated minor's parent, legal guardian, or legal custodian.
Amended by 2024 Tenn. Acts, ch. 761,s 3, eff. 4/22/2024.
Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 8 - SPECIAL PROVISIONS FOR CHILDREN (§§ 33-8-101 — 33-8-316) › Part 2 - SPECIAL PROVISIONS FOR MENTAL HEALTH SERVICES TO CHILDREN (§§ 33-8-201 — 33-8-203) › Section 33-8-203 - Parents, custodians and guardians to participate in child's outpatient treatment plan

Parents, legal custodians, and legal guardians shall participate in mandatory outpatient treatment discharge planning and do what is necessary to carry out the child's plan.
Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 8 - SPECIAL PROVISIONS FOR CHILDREN (§§ 33-8-101 — 33-8-316) › Part 3 - SPECIAL MEDICAL PROCEDURE RULES (§§ 33-8-301 — 33-8-316) › Section 33-8-301 - Electroconvulsive therapy upon child prohibited except under this part

No person or facility may administer electroconvulsive therapy or other convulsive therapy to a child except as authorized under this part under §§
33-8-302
and
33-8-303
or under §§
33-8-305-33
-8-313.
Acts 1976, ch. 489, § 1; 1978, ch. 877, §§ 1, 2; T.C.A., §§ 33-320, 33-3-201(a); Acts 2000, ch. 947, §§ 1, 6.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 8 - SPECIAL PROVISIONS FOR CHILDREN (§§ 33-8-101 — 33-8-316) › Part 3 - SPECIAL MEDICAL PROCEDURE RULES (§§ 33-8-301 — 33-8-316) › Section 33-8-302 - Electroconvulsive therapy - When authorized for child with mania or severe depression

IF AND ONLY IF
(1)
a child has mania or severe depression, AND
(2)
(A)
all other accepted methods of therapy have been exhausted, OR
(B)
electroconvulsive or other convulsive therapy is necessary to save the child's life due to potential suicide, or to prevent irreparable injury resulting from conditions such as starvation, dehydration, or physical exhaustion bordering on serious collapse to the extent the conditions are life threatening, AND
(3)
the service provider to perform the therapy has convened a multi-disciplinary review team of at least five (5) persons, at least one (1) of whom is independent of the service provider, AND
(4)
the multi-disciplinary review team has approved the electroconvulsive or other convulsive therapy, AND
(5)
an American Board of Psychiatry and Neurology certified psychiatrist, who is child and adolescent certified, approves the therapy,
THEN
(6)
the approved convulsive therapy may be necessary for the child for purposes of this part.
Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 8 - SPECIAL PROVISIONS FOR CHILDREN (§§ 33-8-101 — 33-8-316) › Part 3 - SPECIAL MEDICAL PROCEDURE RULES (§§ 33-8-301 — 33-8-316) › Section 33-8-303 - Electroconvulsive therapy - When authorized for child over fourteen (14)

IF AND ONLY IF
(1)
a child is fourteen (14) years of age or older, AND
(2)
the approved convulsive therapy may be necessary for the child as determined under §
33-8-302
, AND
(3)
a second American Board of Psychiatry and Neurology certified psychiatrist approves the procedure, AND
(4)
the child does not object to the electroconvulsive or other convulsive therapy after being informed of the proposed therapy and alternatives, AND
(5)
at least one (1) parent who has custody of the child or the child's legal guardian consents, AND
(6)
no parent objects to the therapy,
THEN
(7)
the child may be treated with the approved convulsive therapy under authority of this section.
Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 8 - SPECIAL PROVISIONS FOR CHILDREN (§§ 33-8-101 — 33-8-316) › Part 3 - SPECIAL MEDICAL PROCEDURE RULES (§§ 33-8-301 — 33-8-316) › Section 33-8-304 - Electroconvulsive therapy - When authorized for child in state custody

If a child is in state custody and a convulsive therapy may be necessary for the child as determined under §
33-8-302
, the therapy shall not be performed unless the commissioner of children's services obtains authority under §§
33-8-305
- 33-8-313. A child in state custody may not be provided convulsive therapy under §
33-8-309
.
Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 8 - SPECIAL PROVISIONS FOR CHILDREN (§§ 33-8-101 — 33-8-316) › Part 3 - SPECIAL MEDICAL PROCEDURE RULES (§§ 33-8-301 — 33-8-316) › Section 33-8-305 - Electroconvulsive therapy upon child - Court approval or finding of emergency required

(a)
No mental health professional, hospital, treatment resource, or other person or facility may administer electroconvulsive therapy or other form of convulsive therapy to any person under eighteen (18) years of age under this section and §§
33-8-306
- 33-8-313, except:
(1)
Upon prior written authorization by a court based upon a hearing at which it is shown that the approved convulsive therapy may be necessary for the child as determined under §
33-8-302
and is necessary in light of all evidence presented at the hearing; or
(2)
Emergency treatment under §
33-8-309
.
(b)
In all cases under this section and §§
33-8-306
- 33-8-313, the court shall appoint for the child a guardian ad litem who is not the child's attorney.
Acts 1976, ch. 489, § 1; 1978, ch. 877, §§ 1, 2; T.C.A., §§ 33-320, 33-3-201(a); Acts 2000, ch. 947, §§ 1, 6.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 8 - SPECIAL PROVISIONS FOR CHILDREN (§§ 33-8-101 — 33-8-316) › Part 3 - SPECIAL MEDICAL PROCEDURE RULES (§§ 33-8-301 — 33-8-316) › Section 33-8-306 - Electroconvulsive therapy - Commitment proceedings pending

If proceedings for the child's commitment under chapter 6, part 5 of this title are pending, the hearing to determine the necessity of administering convulsive therapy may be held only after adequate written notice has been given to the child, the child's legal guardian, and the child's attorney informing them of the nature of the therapy sought and the facts upon which the claim is based that the therapy is necessary for the child's health or safety. The hearing may either be consolidated with the hearing for the child's commitment under chapter 6, part 5 of this title, or may be convened at another time.
Acts 1976, ch. 489, § 1; 1978, ch. 877, §§ 1, 2; T.C.A., §§ 33-320, 33-3-201(b); Acts 2000, ch. 947, §§ 1, 6.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 8 - SPECIAL PROVISIONS FOR CHILDREN (§§ 33-8-101 — 33-8-316) › Part 3 - SPECIAL MEDICAL PROCEDURE RULES (§§ 33-8-301 — 33-8-316) › Section 33-8-307 - Electroconvulsive therapy - Hearing in juvenile court

If no proceedings for the child's commitment under chapter 6, part 5 of this title are pending, the hearing to determine the necessity of administering electroconvulsive or other convulsive therapy shall be convened in the juvenile court where the child resides, was committed to state custody, or may be found upon petition of the child, the child's parent, the legal guardian, a mental health professional, hospital, or treatment resource seeking authorization to administer the therapy. The petition shall be verified and shall state the nature of the therapy for which authorization is sought, and the facts upon which the petitioner relies to support the claim that the therapy is necessary for the child's health or safety. The court shall, upon receipt of the petition, appoint counsel to defend against the petition, and the petition shall be served personally upon both the child and the child's attorney.
Acts 1976, ch. 489, § 1; 1978, ch. 877, §§ 1, 2; T.C.A., §§ 33-320, 33-3-201(c); Acts 2000, ch. 947, §§ 1, 6.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 8 - SPECIAL PROVISIONS FOR CHILDREN (§§ 33-8-101 — 33-8-316) › Part 3 - SPECIAL MEDICAL PROCEDURE RULES (§§ 33-8-301 — 33-8-316) › Section 33-8-308 - Electroconvulsive therapy upon child - Independent psychiatric evaluation required

Whenever authorization is sought for the administration to a child of electroconvulsive or other convulsive therapy, the court shall appoint an independent psychiatrist who shall receive reimbursement in an amount fixed by the court. No electroconvulsive or other convulsive therapy may be authorized for a child except upon the testimony of an independent psychiatrist, who is child and adolescent certified by the American Board of Psychiatry and Neurology, that the psychiatrist has examined the child and is of the opinion that the therapy is necessary for the child's health or safety.
Acts 1976, ch. 489, § 1; 1978, ch. 877, §§ 1, 2; T.C.A., §§ 33-320, 33-3-201(d); Acts 2000, ch. 947, §§ 1, 6.