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 3 - JUVENILE POST-COMMITMENT PROCEDURES ACT (§§ 37-1-301 — 37-1-322) › Section 37-1-322 - Promulgation of rules by supreme court - Release of petitioner on bail or temporary custody

(a)
The supreme court may promulgate rules of practice and procedure consistent with this part, including rules prescribing the form and contents of the petition, the preparation and filing of the record and assignments of error for simple appeal and for delayed appeal in the nature of a writ of error and may make petition forms available for use by petitioners.
(b)
When an appeal to the circuit court or a delayed appeal in the nature of a writ of error from the judgment of such court is granted pursuant to §
37-1-319
, release on bail or temporary custody placement within the jurisdiction shall be discretionary with the circuit court judge pending further proceedings. In all other cases, the petitioner shall not be entitled to bail.
Acts 1978, ch. 750, § 22; T.C.A., § 37-1722.
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 4 - MANDATORY CHILD ABUSE REPORTS (§§ 37-1-401 — 37-1-415) › Section 37-1-401 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Child" means a person who is under eighteen (18) years of age or who is reasonably presumed to be under eighteen (18) years of age;
(2)
"Department" means the department of children's services; and
(3)
"Report of harm" means a report filed under §
37-1-403
.
Acts 1973, ch. 81, § 1; impl. am. Acts 1975, ch. 219, § 1; T.C.A., § 37-1201; Acts 1987, ch. 145, § 25; 1988, ch. 964, § 4; 1996, ch. 1079, § 73.
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 4 - MANDATORY CHILD ABUSE REPORTS (§§ 37-1-401 — 37-1-415) › Section 37-1-402 - Purpose and construction of part

(a)
The purpose of this part is to protect children whose physical or mental health and welfare are adversely affected by brutality, abuse or neglect by requiring reporting of suspected cases by any person having cause to believe that such case exists. It is intended that, as a result of such reports, the protective services of the state shall be brought to bear on the situation to prevent further abuses, to safeguard and enhance the welfare of children, and to preserve family life. This part shall be administered and interpreted to provide the greatest possible protection as promptly as possible for children.
(b)
Except as expressly herein provided, this part shall not be construed as repealing any provision of any other statute but shall be supplementary thereto and cumulative thereof.
Acts 1973, ch. 81, § 1; 1974, ch. 538, § 2; 1977, ch. 343, § 4; T.C.A., §§ 37-1202, 37-1212, 37-1213.
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 4 - MANDATORY CHILD ABUSE REPORTS (§§ 37-1-401 — 37-1-415) › Section 37-1-404 - Retention of custody of child by hospital or physician - Protective custody

(a)
Any person in charge of a hospital or similar institution or any physician treating a child may keep that child in custody until the next regular weekday session of the juvenile court without the consent of the parents, legal guardian or legal custodian, whether or not additional medical treatment is required, if the circumstances are such, or if the condition of the child is such, that continuing the child in the child's place of residence or in the care or custody of the parents, legal guardian, or legal custodian presents an imminent danger to the child's life or physical or mental health.
(b)
Any person taking a child into protective custody shall immediately notify the department, whereupon the department shall immediately begin a child protective investigation in accordance with the provisions of §
37-1-606
, and shall make every reasonable effort to immediately notify the parents, legal guardian or legal custodian that such child has been taken into protective custody.
(c)
If the department determines, according to the criteria set forth in §
37-1-114
, that the child should remain in protective custody longer than the next regular weekday session of the juvenile court, it shall petition the court for an order authorizing such custody in the same manner as if the child were placed in a shelter.
(d)
The department shall attempt to avoid the placement of a child in an institution whenever possible.
Acts 1973, ch. 81, § 1; 1975, ch. 3, § 1; T.C.A., § 37-1204; Acts 1987, ch. 145, § 8.
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 4 - MANDATORY CHILD ABUSE REPORTS (§§ 37-1-401 — 37-1-415) › Section 37-1-405 - Reference of reported cases to local director - Notice to judge

(a)
(1)
All cases reported to the juvenile court judge or to state or local law enforcement officers shall be referred immediately to the local director of the county office of the department for investigation.
(2)
If the court or law enforcement officer finds that there are reasonable grounds to believe that the child is suffering from illness or injury or is in immediate danger from the child's surroundings and that the child's removal is necessary, appropriate protective action shall be taken under part 1 of this chapter.
(b)
(1)
The county office of the department or the office of the sheriff or the chief law enforcement official of the municipality where the child resides, upon receipt of a report of harm or sexual abuse, shall give notice of the report to the judge having juvenile jurisdiction where the child resides.
(2)
If the case appears to involve severe child abuse as defined in §
37-1-102
, including child sexual abuse, the county director of the department shall immediately notify and consult with the district attorney general where the harm occurred, and the district attorney general may take such action as the district attorney general deems appropriate, including petitioning the court for removal of the child or termination of parental rights in accordance with part 1 of this chapter. Whenever there are multiple investigations, the department, the district attorney general, law enforcement, and, where applicable, the child protection team, shall coordinate their investigations to the maximum extent possible so that interviews with the victimized child shall be kept to an absolute minimum. Reference to the audio or videotape or tapes made by the child protection team or department should be utilized whenever possible to avoid additional questioning of the child.
(3)
If, before the investigation is complete, the county office of the department or the local district attorney general determines that immediate removal is necessary to protect the child or other children, or if the district attorney general determines that influence is being exerted on a child victim of sexual abuse to change the child victim's testimony, the department or the district attorney general may proceed under part 1 of this chapter.
Acts 1973, ch. 81, § 1; 1977, ch. 482, § 9; 1980, ch. 776, §§ 1, 2; T.C.A., § 37-1205; Acts 1985, ch. 478, §§ 33, 41.
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 4 - MANDATORY CHILD ABUSE REPORTS (§§ 37-1-401 — 37-1-415) › Section 37-1-407 - Guidelines for child safety training programs

By January 1, 2019, the department shall develop instructional guidelines for child safety training programs for members of professions that frequently deal with children who may be at risk of abuse, which programs include the common signs of child abuse, human trafficking when a child is the victim, and child sexual abuse; how to identify children at risk of abuse, human trafficking, or sexual abuse; and the reporting requirements of this part. The department shall work with each licensing board to ensure that any child safety training program created by a licensing board fully and accurately reflects the best practices for identifying and reporting child abuse, human trafficking when a child is the victim, and child sexual abuse as appropriate for each profession.
Added by 2018 Tenn. Acts, ch. 964,s 1, eff. 5/15/2018.
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 4 - MANDATORY CHILD ABUSE REPORTS (§§ 37-1-401 — 37-1-415) › Section 37-1-408 - Development of guidelines for identifying and reporting signs of child abuse, child sexual abuse, and human trafficking of children - Annual child abuse training program for teachers

(a)
(1)
By January 1, 2019, the department of children's services shall develop guidelines on the best practices for identifying and reporting signs of child abuse, child sexual abuse, and human trafficking in which the victim is a child. The department of education shall use the guidelines to identify child abuse training programs appropriate for teachers. The programs identified by the department of education must train teachers on the common signs of child abuse, child sexual abuse, and human trafficking in which the victim is a child; how to identify children at risk of abuse, sexual abuse, or human trafficking; maintenance of professional and appropriate relationships with students; and the requirements for reporting suspected child abuse and sexual misconduct.
(2)
The department of children's services shall publish the guidelines as provided in this subsection (a) on the department's website.
(b)
Each LEA and each public charter school shall ensure that employees working directly with students of the respective LEA or public charter school complete a child abuse training program identified by the department of education pursuant to subsection (a), or a training program that meets the guidelines established by the department of children's services pursuant to subsection (a), as part of the employee's annual in-service training. Each LEA and each public charter school shall annually report its compliance with this section to the department of education.
Amended by 2022 Tenn. Acts, ch. 841, s 1, eff. 4/20/2022.
Amended by 2021 Tenn. Acts, ch. 408, s 1, eff. 5/12/2021.
Added by 2018 Tenn. Acts, ch. 983, s 1, eff. 5/21/2018.
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 4 - MANDATORY CHILD ABUSE REPORTS (§§ 37-1-401 — 37-1-415) › Section 37-1-411 - Evidentiary privileges not applicable to child abuse cases

Neither the husband-wife privilege as preserved in §
24-1-201
, nor the psychiatrist-patient privilege as set forth in §
24-1-207
, nor the psychologist-patient privilege as set forth in §
63-11-213
is a ground for excluding evidence regarding harm or the cause of harm to a child in any dependency and neglect proceeding resulting from a report of such harm under §
37-1-403
or a criminal prosecution for severe child abuse.
Acts 1973, ch. 81, § 1; 1977, ch. 343, § 4; T.C.A., §§ 37-1210, 37-1211; Acts 1985, ch. 478, § 20.
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 4 - MANDATORY CHILD ABUSE REPORTS (§§ 37-1-401 — 37-1-415) › Section 37-1-412 - Violation of duty to report - Power of juvenile court - Penalty

(a)
(1)
Any person who knowingly fails to make a report required by §
37-1-403
commits an offense.
(2)
(A)
A violation of subdivision (a)(1) is a Class A misdemeanor.
(B)
A second or subsequent violation of subdivision (a)(1) is a Class E felony.
(3)
Any person who intentionally fails to make a report required by §
37-1-403
commits a Class E felony.
(b)
(1)
A juvenile court having reasonable cause to believe that a person is guilty of violating this section may have the person brought before the court either by summons or by warrant. If the defendant pleads not guilty, the juvenile court judge shall bind the defendant over to the grand jury.
(2)
If the defendant pleads guilty to a first offense under subdivision (a)(1) and waives, in writing, indictment, presentment, grand jury investigation, and trial by jury, the juvenile court judge shall sentence the defendant with a fine not to exceed two thousand five hundred dollars ($2,500).
Amended by 2019 Tenn. Acts, ch. 499,s 3, eff. 7/1/2019.
Acts 1973, ch. 81, § 1; 1977, ch. 343, § 4; T.C.A., §§ 37-1211, 37-1-1212; Acts 1989, ch. 591, § 111; 2005, ch. 256, § 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 4 - MANDATORY CHILD ABUSE REPORTS (§§ 37-1-401 — 37-1-415) › Section 37-1-413 - False reporting of child sexual abuse or false accusation that a child has sustained any wound, injury, disability or physical or mental condition caused by brutality, abuse or neglect - Penalty

Any person who either verbally or by written or printed communication knowingly and maliciously reports, or causes, encourages, aids, counsels or procures another to report, a false accusation of child sexual abuse or false accusation that a child has sustained any wound, injury, disability or physical or mental condition caused by brutality, abuse or neglect commits a Class E felony.
Acts 1985, ch. 478, § 43; 1989, ch. 591, § 33; 2008, ch. 1171, § 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 4 - MANDATORY CHILD ABUSE REPORTS (§§ 37-1-401 — 37-1-415) › Section 37-1-414 - Persons working with children - Fingerprinting - Release of investigative and criminal records

(a)
A religious, charitable, scientific, educational, athletic or youth service institution or organization may require any person, who applies to work with children as a volunteer or as a paid employee, to do one (1) or more of the following:
(1)
Agree to the release of all investigative records to such religious, charitable, scientific, educational, athletic, or youth service institution or organization for examination for the purpose of verifying the accuracy of criminal violation information contained on an application to work for such institution or organization;
(2)
Supply fingerprint samples and submit to a criminal history records check to be conducted by the Tennessee bureau of investigation and the federal bureau of investigation; or
(3)
Attend a comprehensive youth protection training program that includes adult training on recognition, disclosure, reporting and prevention of abuse and submit to character, employment, education and reference checks.
(b)
Any costs incurred by the Tennessee bureau of investigation or the federal bureau of investigation in conducting such investigation of applicants shall be paid by the religious, charitable, scientific, educational, or athletic institution or organization requesting such investigation and information. Payment of such costs are to be made in accordance with the provisions of §
38-6-103
.
Acts 1993, ch. 350, § 2; 1995, ch. 325, § 1; 2003, ch. 30, §§ 1, 2.
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 4 - MANDATORY CHILD ABUSE REPORTS (§§ 37-1-401 — 37-1-415) › Section 37-1-415 - Cooperation of landlord or person in control of residential rental property with investigation of child abuse or neglect

(a)
A landlord or person in control of a residential rental property shall provide a case manager from the department of children's services or a child protective investigation team with information, if known, on the address or location of a child who has been alleged to be abused or neglected and resides or is located on the residential rental property.
(b)
The landlord or person in control of a residential rental property is not liable in any civil or criminal action that is based solely upon cooperation with the investigation by the department of children's services or a child protective investigation team, except in cases of willful or wanton conduct or intentional wrongdoing.
Added by 2022 Tenn. Acts, ch. 971,s 1, eff. 7/1/2022.
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 5 - COUNCIL OF JUVENILE AND FAMILY COURT JUDGES (§§ 37-1-501 — 37-1-507) › Section 37-1-501 - Creation and membership of council

(a)
There is created the Tennessee council of juvenile and family court judges, which shall be the official organization of the judges having juvenile and family court jurisdiction in this state.
(b)
The membership of the council shall consist of all judges of juvenile courts in this state.
Acts 1972, ch. 833, § 1; 1983, ch. 131, § 1; T.C.A., § 37-278.
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 5 - COUNCIL OF JUVENILE AND FAMILY COURT JUDGES (§§ 37-1-501 — 37-1-507) › Section 37-1-502 - Rules, regulations and by-laws - Officers - Recommending rules to supreme court - Development of plan to establish demonstration sites

(a)
(1)
The council is authorized to adopt and, from time to time, amend such rules, regulations or bylaws as it considers necessary for the conduct of its affairs.
(2)
Such rules, regulations or bylaws may provide for such officers as the council considers advisable, for the method of selection of such officers, for the selection of a time and place within this state for annual meetings of the council, and for such other matters consistent with the general laws of the state as the council may choose.
(b)
(1)
The council shall make recommendations to the supreme court as to rules governing the practice and procedure in juvenile courts of this state. The supreme court may consider the council's recommendations in prescribing rules as provided in §
16-3-402
.
(2)
Prior to submitting its recommended rules to the supreme court, the council shall send a draft of its recommendation to the commission on children and youth. The commission shall distribute the draft to state agencies that, in the commission's opinion, may be affected by the recommended rules, and the commission will be responsible for accumulating and transmitting the comments of such agencies promptly to the council, so that the comments can be taken into account by the council in an orderly manner when preparing its final proposal of rules to be submitted to the supreme court. Thereafter, the commission shall present such accumulated comments to the court in such manner as the court may provide for receiving comment upon the proposed rules.
(c)
Notwithstanding any law to the contrary, the council shall assist the council on children's mental health care in developing a plan that will establish demonstration sites in certain geographic areas where children's mental health care is child-centered, family-driven, and culturally and linguistically competent and that provides a coordinated system of care for children's mental health needs in this state.
Acts 1972, ch. 833, § 2; 1982, ch. 790, § 1; T.C.A., § 37-279; Acts 2008, ch. 1062, § 7.
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 5 - COUNCIL OF JUVENILE AND FAMILY COURT JUDGES (§§ 37-1-501 — 37-1-507) › Section 37-1-503 - Executive secretary of council

The president of the council, with the approval of a majority of the executive committee, shall appoint an executive secretary, a staff attorney and such other personnel as may be necessary to conduct its affairs, whose specific duties and responsibilities shall be as prescribed by the council in its rules, regulations or bylaws.
Acts 1982, ch. 937, § 1; T.C.A., § 37-282; Acts 1998, ch. 892, § 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 5 - COUNCIL OF JUVENILE AND FAMILY COURT JUDGES (§§ 37-1-501 — 37-1-507) › Section 37-1-504 - Annual meeting - Subject matter

(a)
The council shall meet annually for the consideration of any and all matters pertaining to the discharge of the official duties and obligations of its members, to the end that there shall be a more efficient and prompt administration of justice in the juvenile courts of this state, and to the end that the causes of dependency, neglect and delinquency of juveniles be consistently better understood and dealt with through the use of all available sources, including the resources of the departments of education, mental health and substance abuse services, disability and aging, and children's services.
(b)
It is the legislative intent and direction that the council actively pursue the ends and purposes set out in this section.
Amended by 2024 Tenn. Acts, ch. 688,s 121, eff. 7/1/2024.
Acts 1972, ch. 833, § 3; impl. am. Acts 1975, ch. 219, § 1; impl. am. Acts 1975, ch. 248, § 1; T.C.A., § 37-280; Acts 1996, ch. 1079, § 73; imp. am. Acts 2000, ch. 947, § 6; 2010 , ch. 1100, § 52; 2012 , ch. 575, § 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 5 - COUNCIL OF JUVENILE AND FAMILY COURT JUDGES (§§ 37-1-501 — 37-1-507) › Section 37-1-505 - Annual meeting - Expenses

(a)
It is the official duty of each member of the council to attend upon its meetings unless otherwise officially engaged, or for other good and sufficient reasons.
(b)
Each member who attends the annual meeting or training sessions shall be compensated for the member's actual and reasonable expenses in attending such meeting or training sessions. Unless such funds are provided by the state, such expenses shall be paid upon a verified statement of expenses being filed with the county mayor by any member incurring such expenses. Expenses shall be paid by the trustee upon warrant of the county mayor from the general fund of the county in which the member serves as judge; provided, that funds for such purpose have been appropriated by the county legislative body.
Acts 1972, ch. 833, § 4; 1982, ch. 937, §§ 2, 3; 1983, ch. 387, § 1; T.C.A., § 37-281; Acts 2003, ch. 90, § 2.
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 5 - COUNCIL OF JUVENILE AND FAMILY COURT JUDGES (§§ 37-1-501 — 37-1-507) › Section 37-1-506 - [Repealed]

Repealed by 2021 Tenn. Acts, ch. 184, s 3, eff. 7/1/2021.
Amended by 2018 Tenn. Acts, ch. 1052, s 52, eff. 7/1/2018.
Amended by 2017 Tenn. Acts, ch. 140, s 1, eff. 7/1/2017.
Amended by 2016 Tenn. Acts, ch. 1005, s 2, eff. 7/1/2016.
Acts 1982, ch. 937, § 1; T.C.A., § 37-283; Acts 1990, ch. 1024, § 19; 1999, ch. 264, §§ 1, 2.
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 5 - COUNCIL OF JUVENILE AND FAMILY COURT JUDGES (§§ 37-1-501 — 37-1-507) › Section 37-1-507 - Program to reimburse counties for costs of inpatient mental health evaluations, examinations and detention of juveniles charged as adults - Rules and regulations

(a)
The council of juvenile and family court judges is authorized to establish and administer a program to reimburse counties for the costs associated with inpatient mental health evaluations and examinations conducted on juveniles charged with an offense which would constitute a felony if committed by an adult. Such a program is subject to available state funding and may include full or partial reimbursements to counties for the costs of inpatient mental health examinations or evaluations ordered by a juvenile court judge, as well as the costs of transportation of the child for a mental health examination or evaluation. The program may also include reimbursement to counties for costs of detention incurred pursuant to §
37-1-116(f)
for the purposes of obtaining an outpatient evaluation or examination at a detention facility located in another county.
(b)
The council may adopt rules and regulations governing such a reimbursement program pursuant to §
37-1-502
.
Acts 2009, ch. 593, § 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 6 - CHILD SEXUAL ABUSE (§§ 37-1-601 — 37-1-616) › Section 37-1-601 - Prevention of child sexual abuse deemed priority of state - Comprehensive approach - Purpose and construction of part

(a)
The general assembly finds and declares that:
(1)
The incidence of child sexual abuse has a tremendous impact on the victimized child, siblings, family structure, and inevitably on all citizens of this state;
(2)
The detection, intervention, prevention and treatment of child sexual abuse, including a focus on the sexual abuse that occurs within the home, shall be a priority of this state;
(3)
Sexual abuse in any form is destructive to the physical and mental health of a child;
(4)
Ninety-three percent (93%) of all sexual abuse is inflicted by a family member or acquaintance in the child's home environment;
(5)
It is necessary that curriculum addressing sexual abuse include a focus on the in-home abuse; and
(6)
A comprehensive approach for the detection, intervention, prevention and treatment of child sexual abuse, including such abuse that may occur in the home, should be developed for the state and that this planned, comprehensive approach should be used as a basis for funding.
(b)
The purpose of this part shall be the same as that of part 4 of this chapter, and, except as may be expressly herein provided, the provisions of this part shall not be construed as repealing any provisions of part 4 of this chapter or of any other statute, but shall be supplementary thereto and cumulative thereof.
Amended by 2014 Tenn. Acts, ch. 706,s 2, eff. 7/1/2014.
Acts 1985, ch. 478, § 2; 1987, ch. 145, § 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 6 - CHILD SEXUAL ABUSE (§§ 37-1-601 — 37-1-616) › Section 37-1-604 - Legislative intent relating to investigations, protective services and reports

The intent of §§
37-1-604
- 37-1-615 is to provide for the investigation of child sexual abuse by the child protection team, and to provide for comprehensive protective services for sexually abused children found in the state by requiring that reports of each sexually abused child be made to the department and the office of the district attorney general in an effort to prevent further harm to the child or any other children living in the home and to preserve the family life of the parents and children, to the maximum extent possible, by enhancing the parental capacity for adequate child care.
Acts 1985, ch. 478, § 5.
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 6 - CHILD SEXUAL ABUSE (§§ 37-1-601 — 37-1-616) › Section 37-1-606 - Departmental availability for receiving reports - Commencement of investigations - Institutional abuse

(a)
The department shall be capable of receiving and investigating reports of known or suspected child sexual abuse twenty-four (24) hours a day, seven (7) days a week. If it appears that the immediate safety or well-being of a child is endangered, that the family may flee or the child will be unavailable for purposes of conducting a child protective investigation, or that the facts otherwise so warrant, the department shall commence an investigation immediately, regardless of the time of day or night. In all other child sexual abuse cases, a child protective investigation shall be commenced within twenty-four (24) hours of receipt of the report.
(b)
If, as a result of an investigation of a report of institutional child sexual abuse, the department removes children under its care from such institution, the department shall notify parents who have children enrolled in such institution on such date of its action. The institution's records shall be utilized to obtain such information. The notification shall be sufficient if it states that children under the care of the department are being removed. If the department validates child sexual abuse in such institution or revokes or suspends the license of a child care agency as a result of child sexual abuse occurring in the agency, the department, in accordance with administrative and due process rules, shall notify the parents of the children accordingly.
Acts 1985, ch. 478, § 7; 1987, ch. 145, §§ 3, 4; 1988, ch. 953, §§ 15-17; 2000, ch. 981, § 51.
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 6 - CHILD SEXUAL ABUSE (§§ 37-1-601 — 37-1-616) › Section 37-1-608 - Protective custody of children

(a)
A law enforcement officer, authorized person of the department, or other authorized person may take a child into custody as provided in part 1 of this chapter.
(b)
Any person in charge of a hospital or similar institution or any physician treating a child may keep that child in custody until the next regular weekday session of the juvenile court without the consent of the parents, legal guardian or legal custodian, whether or not additional medical treatment is required, if the circumstances are such, or if the condition of the child is such, that continuing the child in the child's place of residence or in the care or custody of the parents, legal guardian or legal custodian presents an imminent danger to the child's life or physical or mental health. Any person taking a child into protective custody shall immediately notify the department, whereupon the department shall immediately begin a child protective investigation in accordance with the provisions of §
37-1-606
, and shall make every reasonable effort to immediately notify the parents, legal guardian or legal custodian that such child has been taken into protective custody. If the department determines, according to the criteria set forth in §
37-1-114
, that the child should remain in protective custody longer than the next regular weekday session of the juvenile court, it shall petition the court for an order authorizing such custody in the same manner as if the child were placed in a shelter. The department shall attempt to avoid the placement of a child in an institution whenever possible.
Acts 1985, ch. 478, § 9.
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 6 - CHILD SEXUAL ABUSE (§§ 37-1-601 — 37-1-616) › Section 37-1-609 - Photographs and examinations of suspected abuse - Video recordings

(a)
Any person required to investigate cases of suspected child sexual abuse may take or cause to be taken photographs of the areas of trauma visible on a child who is the subject of a report and, if the condition of the child indicates a need for a medical examination, may cause the child to be referred for diagnosis to a licensed physician or an emergency department in a hospital without the consent of the child's parents, legal guardian or legal custodian. Any licensed physician who, based on information furnished by the investigator, the parents or other persons having knowledge of the situation, or the child, or on personal observation of the child, suspects that a child has been sexually abused may authorize appropriate examinations to be performed on the child without the consent of the child's parents, legal guardian or legal custodian.
(b)
Any photograph or report on examinations made or x-rays taken pursuant to this section, or copies thereof, shall be sent to the department as soon as possible, at which point such records shall be available to the members of the team. All state, county and local agencies shall give the team or the department access to records in their custody and shall otherwise cooperate fully with the investigation.
(c)
At the initial investigation of child sexual abuse by the child protection team, and at any subsequent investigations as deemed appropriate by the team, when a justifiable suspicion of sexual abuse exists, a videotape recording that meets the standards as established by §
24-7-117
may be taken of the traumatized victim. The video recording shall be taken for the purpose of indicating the child's physical or mental condition at the time the report is investigated and shall be made available for future reference and for utilization as provided in this part.
Acts 1985, ch. 478, § 10; 1987, ch. 145, § 20; 1988, ch. 953, § 11.
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 6 - CHILD SEXUAL ABUSE (§§ 37-1-601 — 37-1-616) › Section 37-1-610 - Guardian ad litem - Parental reimbursement of costs and expenses

(a)
A guardian ad litem shall be appointed to represent the child in any child sexual abuse civil or juvenile judicial proceeding and in general sessions or criminal court at the discretion of the court. Any person participating in such proceeding resulting from such appointment shall be presumed prima facie to be acting in good faith and in so doing shall be immune from any liability, civil or criminal, that otherwise might be incurred or imposed.
(b)
In those cases in which the parents are financially able, the court may order such parent or parents to reimburse the court to the extent of insurance coverage; provided, that the court shall order the perpetrator in all cases, whether such person is a parent or other person, to fully reimburse the court for such expenses, for the cost of provision of guardian ad litem services and any medical and treatment costs resulting from the child sexual abuse. Reimbursement to the individual providing such services shall not be contingent upon successful collection by the court from the parent or parents.
Acts 1985, ch. 478, § 11.
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 6 - CHILD SEXUAL ABUSE (§§ 37-1-601 — 37-1-616) › Section 37-1-611 - Duties of department of children's services - Cooperation with department - Publicity and education program

(a)
The department shall:
(1)
Have prime responsibility for strengthening and improving child sexual abuse detection, prevention and treatment efforts;
(2)
Seek and encourage the development of improved or additional programs and activities, the assumption of prevention and treatment responsibilities by additional agencies and organizations, and the coordination of existing programs and activities;
(3)
To the fullest extent possible, cooperate with and seek cooperation of all appropriate public and private agencies, including health, education, social services, and law enforcement agencies, and courts, organizations, or programs providing or concerned with children's services related to the prevention, detection, intervention or treatment of child sexual abuse; and
(4)
Provide ongoing protective, treatment and ameliorative services to, and on behalf of, children in need of protection to safeguard and ensure their well-being and, whenever possible, to preserve and stabilize family life.
(b)
All state, county, and local agencies have a duty to give such cooperation, assistance, and information to the department as will enable it to fulfill its responsibilities.
(c)
The department shall conduct a continuing publicity and education program to encourage the fullest degree of reporting of suspected child sexual abuse for staff and officials required to report and any other appropriate persons. The program shall include, but not be limited to, information concerning the responsibilities, obligations, and powers provided under this part; the methods for diagnosis of child sexual abuse; and the procedures of the child protective service program, the juvenile court, and other duly authorized agencies. In developing training programs for staff, the department shall place emphasis on preservice and inservice training for single intake, protective services, and foster care staff, which would include skills in diagnosis and treatment of child sexual abuse and procedures of the child protective system and judicial process.
Acts 1985, ch. 478, § 12; 1996, ch. 1079, § 73.
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 6 - CHILD SEXUAL ABUSE (§§ 37-1-601 — 37-1-616) › Section 37-1-613 - Immunity from civil or criminal liability

Any person making a report of child sexual abuse shall be afforded the same immunity and shall have the same remedies as provided by §
37-1-410
for other persons reporting harm to a child. Any other person, official or institution participating in good faith in any act authorized or required by this part shall be immune from any civil or criminal liability that might otherwise result by reason of such action.
Acts 1985, ch. 478, § 14.
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 6 - CHILD SEXUAL ABUSE (§§ 37-1-601 — 37-1-616) › Section 37-1-614 - Evidentiary privileges inapplicable in child sexual abuse cases

The privileged quality of communication between husband and wife and between any professional person and the professional person's patient or client, and any other privileged communication, except that between attorney and client, as such communication relates both to the competency of the witness and to the exclusion of confidential communications, shall not apply to any situation involving known or suspected child sexual abuse and shall not constitute grounds for failure to report as required by this part, failure to cooperate with the department in its activities pursuant to this part, or failure to give evidence in any judicial proceeding relating to child sexual abuse.
Acts 1985, ch. 478, § 15.
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 6 - CHILD SEXUAL ABUSE (§§ 37-1-601 — 37-1-616) › Section 37-1-615 - Violations - Penalties

(a)
(1)
Any person required to report known or suspected child sexual abuse who knowingly fails to do so, or who knowingly prevents another person from doing so, commits an offense.
(2)
(A)
A violation of subdivision (a)(1) is a Class A misdemeanor.
(B)
A second or subsequent violation of subdivision (a)(1) is a Class E felony.
(3)
Any person required to report known or suspected child sexual abuse who intentionally fails to do so, or who intentionally prevents another person from doing so, commits a Class E felony.
(b)
Any person who knowingly and willfully makes public or discloses any confidential information contained in the abuse registry or in the records of any child sexual abuse case, except as provided in this part, commits a Class A misdemeanor.
Amended by 2019 Tenn. Acts, ch. 499,s 4, eff. 7/1/2019.
Acts 1985, ch. 478, § 16; 1989, ch. 591, § 111.
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 6 - CHILD SEXUAL ABUSE (§§ 37-1-601 — 37-1-616) › Section 37-1-616 - Rules and regulations

The department may promulgate necessary rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, in furtherance of this part.
Acts 1985, ch. 478, § 17.
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 7 - TENNESSEE TEEN COURT PROGRAM OF 2000 (§§ 37-1-701 — 37-1-706) › Section 37-1-701 - Short title

This part shall be known and may be cited as the "Tennessee Teen Court Program of 2000."
Acts 2000, ch. 792, § 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 7 - TENNESSEE TEEN COURT PROGRAM OF 2000 (§§ 37-1-701 — 37-1-706) › Section 37-1-703 - Authority of teen court

(a)
The teen court has the authority, in a case referred by the juvenile court, to recommend disposition of the case as permitted by this part. The teen court shall have no authority to recommend transfer of temporary legal custody to any person or entity or to require placement or treatment in any specific program. If the teen court determines that such transfer of temporary legal custody or placement is the only appropriate remedy, the case shall be referred back to the juvenile court for further proceedings. The teen court may recommend:
(1)
Restitution, as defined in §
37-1-102
, and subject to the provisions of §
37-1-131(b)
;
(2)
Performance of community service work, subject to the requirements of §
37-1-131(a)(7)
;
(3)
Limitations upon driving privileges; provided, that any disposition governed by §
55-10-701
shall include an order of denial of driving privileges;
(4)
Participation as a teen court member;
(5)
Attendance at court-approved education workshops on subjects such as substance abuse, safe driving, or victim awareness, or any of these things;
(6)
Curfew limitations;
(7)
School attendance; and
(8)
Essay writing or similar research or school projects.
(b)
Any dispositional recommendation shall comply with the requirements of this title, unless contrary to the express provisions of this part. Dispositional alternatives shall be chosen from a list approved by the juvenile court or shall be similar in kind to those set forth in subsection (a)(1).
Acts 2000, ch. 792, § 1; imp. am. Acts 2000, ch. 947, § 6; Acts 2001, ch. 341, § 7.
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 7 - TENNESSEE TEEN COURT PROGRAM OF 2000 (§§ 37-1-701 — 37-1-706) › Section 37-1-704 - Empaneling teen court members

(a)
Any juvenile court judge who establishes a teen court shall choose, at the beginning of the school year, a panel of twelve (12) or more teenagers to serve as teen court members. Each teen court for a specific case shall consist of five (5) members chosen from the panel of twelve (12). Such teens shall be chosen from the local public and private high schools or middle schools. They shall be selected by the juvenile court judge in consultation with the local principal or principals. The judge shall attempt to choose teens who are not otherwise active in extracurricular activities.
(b)
Youth participating in teen court programs may not receive any compensation for their service; provided, however, that youth participating in teen court may receive unsolicited tokens or awards of appreciation, or bona fide awards in recognition of public service in the form of a plaque, trophy, desk item, tee-shirt, beverage mug, plastic cup, wall memento and similar items so long as any such item is not in a form that can be readily converted to cash. In the event a youth participating in teen court attends a conference, training, retreat or similar event as a part of the youth's participation in teen court, the youth may be reimbursed for such travel expenses in conformity with comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter. The juvenile court shall certify the name, address, and school attended of each teen court member to the secretary of state who shall issue a certificate of participation for each to the juvenile court judge.
Acts 2000, ch. 792, § 1; imp. am. Acts 2000, ch. 947, § 6; Acts 2001, ch. 341, § 8; 2002, ch. 539, § 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 7 - TENNESSEE TEEN COURT PROGRAM OF 2000 (§§ 37-1-701 — 37-1-706) › Section 37-1-705 - Legislative intent - Location of teen court proceedings - Immunity of participants - Confidentiality

(a)
It is the legislative intent that teen court proceedings shall be, to the extent possible, conducted by teens with limited adult participation. The Tennessee Rules of Juvenile Procedure shall not apply. The juvenile court judge shall have the authority to appoint teens to serve as prosecuting and defense attorneys. It is further the legislative intent that the juvenile court shall have the flexibility to establish procedures, not inconsistent with this part, to assure fairness and equity and to protect the rights of all parties.
(b)
Every juvenile court judge, whether or not such judge establishes a teen court, may hold juvenile court proceedings at a public high school or middle school in the county of the court's jurisdiction for at least one (1) day per year. Such court proceeding shall be publicized in cooperation with the local school authorities in a manner to encourage teen observation and, where appropriate, participation.
(c)
Each participant in teen court proceedings has the same immunity provided by law for judicial proceedings.
(d)
All records used in, or otherwise related to, teen court proceedings shall be confidential to the full extent provided by current law, except as necessary to permit functioning of the teen court. Nothing contained in this section shall, in any manner, alter the confidentiality of records or proceedings under current juvenile court law.
Acts 2000, ch. 792, § 1; imp. am. Acts 2000, ch. 947, § 6; Acts 2001, ch. 341, § 9.
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 7 - TENNESSEE TEEN COURT PROGRAM OF 2000 (§§ 37-1-701 — 37-1-706) › Section 37-1-706 - Construction of part

(a)
Nothing in this part shall be deemed to impair the authority of juvenile courts to adopt different or alternative procedures for the establishment of or the operation of an existing teen court program within their respective jurisdictions. Any such teen court program shall meet due process standards including, but not limited to, those pertaining to informed and voluntary participation in the program and any necessary waiver of rights.
(b)
Upon adoption of local, written procedures, a juvenile court may delegate responsibility for operation of a teen court program to a person licensed to practice law in this state.
(c)
Any reference to "juvenile court" or "juvenile court judge" in this part shall be interpreted to include a magistrate under §
37-1-107
.
Acts 2001, ch. 341, § 10; 2009, ch. 235, § 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 37-1-801 - Power of the juvenile courts to appoint a permanent guardian

The juvenile courts of Tennessee are empowered to appoint an individual a permanent guardian; provided, that the individual qualifies under the provisions of this part. The juvenile court may establish a permanent guardianship at a permanency planning hearing or at any other hearing in which a permanent legal disposition of the child can be made, including a child protection proceeding or a delinquency proceeding.
Acts 2005, ch. 389, § 1.