reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 3 - GENERAL RULES APPLICABLE TO PERSONS SUPPORTED (§§ 52-3-101 — 52-3-604) › Part 1 - GENERAL RIGHTS OF ALL PERSONS SUPPORTED (§§ 52-3-101 — 52-3-119) › Section 52-3-112 - Person supported; access to own records

(a)
Upon request by a person supported eighteen (18) years of age or older, or the person supported's conservator, if applicable, a service provider must disclose to the person supported or their conservator what records the provider maintains on the person supported and how the person supported or conservator can obtain access to them. Upon written request by a person supported or their conservator, a service provider must permit the person supported or conservator, within a reasonable time, to review the person supported's record, or the part of the record that the person supported or conservator requests, or a copy of the record, or a copy of the part of the record that the person supported or conservator requests, except to the extent that:
(1)
The person supported's or conservator's access to the record is expressly restricted or prohibited by another statute or court order; or
(2)
The provider is authorized to deny access under subsection (b).
(b)
If a person's qualified mental health professional determines that giving the person supported, or a person acting for the person supported, access to part of the person supported's record poses a substantial risk of serious harm to the health or safety of the person supported or another person, then the qualified mental health professional may refuse access to that part of the record.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 3 - GENERAL RULES APPLICABLE TO PERSONS SUPPORTED (§§ 52-3-101 — 52-3-604) › Part 1 - GENERAL RIGHTS OF ALL PERSONS SUPPORTED (§§ 52-3-101 — 52-3-119) › Section 52-3-113 - Record amendment

(a)
If a person supported, or that person's conservator with healthcare decision-making authority, requests amendment of the person supported's record by revision, deletion, or addition to correct the record, then the service provider must, within ten (10) working days after receiving the request, either make the. amendment to assure that the person supported's records do not contain inaccurate, irrelevant, or otherwise inappropriate information or inform the person supported, or the person's conservator, of its refusal, the reason for the refusal, and the procedure, if any, for further internal review of the decision.
(b)
If any provider decides that it will not amend the record in accordance with the request, then the provider must permit the person supported, or the person's conservator, to file a concise statement of the reasons for the person supported's or conservator's disagreement.
(c)
If any provider discloses any of the disputed information, then the provider must clearly note the disputed information and provide a copy of the statement of disagreement. If the provider wishes, it may also provide a concise statement of its reasons for not making the requested amendments.
(d)
The person supported, or their conservator, shall not personally alter the record.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 3 - GENERAL RULES APPLICABLE TO PERSONS SUPPORTED (§§ 52-3-101 — 52-3-604) › Part 1 - GENERAL RIGHTS OF ALL PERSONS SUPPORTED (§§ 52-3-101 — 52-3-119) › Section 52-3-114 - Mental health professionals; compulsion to testify

Notwithstanding any evidentiary privilege, including pursuant to §§ 24-1-207, 63-11-213, 63-22-114, and 63-23-109, a qualified mental health professional may be compelled to testify:
(1)
In judicial proceedings under this title to commit a person with an intellectual disability to treatment, if the qualified mental health professional decides that the person supported is in need of compulsory care and treatment;
(2)
In proceedings for which the qualified mental health professional was ordered by the court to examine or train the person supported, if the person supported was advised that communications to the qualified mental health professional would not be privileged; and
(3)
In judicial, conservatorship, and veterans' guardianship proceedings under title 34.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 3 - GENERAL RULES APPLICABLE TO PERSONS SUPPORTED (§§ 52-3-101 — 52-3-604) › Part 1 - GENERAL RIGHTS OF ALL PERSONS SUPPORTED (§§ 52-3-101 — 52-3-119) › Section 52-3-115 - Penalty

A violation of §§ 52-3-103- 52-3-114 is a class C misdemeanor.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 3 - GENERAL RULES APPLICABLE TO PERSONS SUPPORTED (§§ 52-3-101 — 52-3-604) › Part 1 - GENERAL RIGHTS OF ALL PERSONS SUPPORTED (§§ 52-3-101 — 52-3-119) › Section 52-3-116 - Involuntary commitment; reports

(a)
If a person supported is involuntarily committed to an inpatient treatment facility under this title, then the inpatient treatment facility must report the person supported to local law enforcement as soon as practicable, but no later than the third business day following the date of such commitment. Additionally such facility must report the person supported to the federal bureau of investigation-NICS Index and the department of safety as soon as practicable, but no later than the third business day following the date of. receiving such notification, for the purposes of complying with the NICS Improvement Amendments Act of 2007 (NIAA)(Pub. L. No. 110-180), as amended.
(b)
If an inpatient treatment facility is required to report pursuant to subsection (a), then the facility must report the following information:
(1)
Complete name of the person involuntarily committed;
(2)
Date involuntary commitment was ordered;
(3)
Private or state hospital or treatment resource to which the individual was involuntarily committed;
(4)
Date of birth of the person involuntarily committed;
(5)
Race and sex of the person involuntarily committed; and
(6)
Social security number of the person involuntarily committed, if available.
(c)
The information in subsection (b), the confidentiality of which may be protected by other law or rules, must be maintained as confidential and not be subject to public inspection pursuant to such law or rules, except for such use as may be necessary in the conduct of any proceedings pursuant to§§ 39-17-1316, 39-17-1353, and 39-17-1354.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 3 - GENERAL RULES APPLICABLE TO PERSONS SUPPORTED (§§ 52-3-101 — 52-3-604) › Part 1 - GENERAL RIGHTS OF ALL PERSONS SUPPORTED (§§ 52-3-101 — 52-3-119) › Section 52-3-117 - Isolation and restraints

(a)
Persons supported have the right to be free from isolation and restraints, in any form; imposed as a means of coercion, discipline, convenience, or retaliation by staff. Restraints include physical and mechanical restraints and drugs used to control behavior or to restrict freedom of movement if the drug or the dosage of the drug is not a standard treatment for the person supported's medical or psychiatric condition. As used in this section, "isolation" means the placement of a person alone in a room from which egress is prevented. Isolation and restraint may only be used while the condition justifying its use exists.
(b)
A person with an intellectual or developmental disability may only be restrained as part of an approved plan or in emergency situations, if necessary, to assure the physical safety of the person or another person nearby or to prevent significant destruction of property. Isolation may only be used with a person with an intellectual or developmental disability or developmental delay as part of the person's approved plan. Only psychologists, psychological examiners, senior psychological examiners, physicians, behavior analysts, master's degree social workers, and others authorized to do so under department rules may develop a plan that includes or authorizes isolation or restraint.
(c)
Staff shall remain in the physical presence of a person in restraint. Staff shall continuously observe a person in isolation or restraint for the health and well-being of the person.
(d)
The professional shall record the use of restraint or isolation, the reasons for its use, and the duration of its use in the person's record.
(e)
All staff who may have direct contact with a person being restrained or isolated must receive ongoing education and training in alternative methods for handling behavior and the safe use of isolation and restraint.
(f)
The department shall adopt rules as to circumstances under which use of restraint and isolation are permitted. The department shall distribute the rules to all who provide services covered by this title.
(g)
The department shall report annually to the statewide planning and policy council on the use of restraint and isolation in this state and its rules on the subject.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 3 - GENERAL RULES APPLICABLE TO PERSONS SUPPORTED (§§ 52-3-101 — 52-3-604) › Part 1 - GENERAL RIGHTS OF ALL PERSONS SUPPORTED (§§ 52-3-101 — 52-3-119) › Section 52-3-118 - Certificate of need for commitment; professional limitations

A certificate of need for commitment for care and treatment for a person with an intellectual disability that is authorized or required to be made by a physician, psychologist, or other professional under this title is not valid for any purpose if:
(1)
It is made by a professional who is a relative by blood, marriage, or adoption, or the legal guardian, conservator, or legal custodian of the person who is the subject of the petition, application, or certificate; or
(2)
It is made by a professional who has an ownership interest in a private facility in which the person is to be admitted.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 3 - GENERAL RULES APPLICABLE TO PERSONS SUPPORTED (§§ 52-3-101 — 52-3-604) › Part 1 - GENERAL RIGHTS OF ALL PERSONS SUPPORTED (§§ 52-3-101 — 52-3-119) › Section 52-3-119 - Right to religious expression

A licensee or provider under this title shall not discourage or preclude a person supported from exercising the right to religious expression and shall inform each person supported in a residential environment of this right.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 3 - GENERAL RULES APPLICABLE TO PERSONS SUPPORTED (§§ 52-3-101 — 52-3-604) › Part 2 - SPECIAL LIABILITY RULES (§§ 52-3-201 — 52-3-213) › Section 52-3-201 - Counselor; liability for suicide

(a)
As used in this section, unless the context otherwise requires:
(1)
"Counseling center" means any nonprofit service operated at least partially with volunteer assistance that provides counseling, assistance, or guidance, either in person or by telephone, to persons with mental illness or serious emotional disturbance; and
(2)
"Counselor" means any psychiatrist, psychologist, licensed psychologist with health service provider designation, certified or licensed marital and family therapist, certified or licensed professional counselor, certified or licensed social worker, or other professional trained in the field of psychiatry or psychology, or any nonprofessional person acting under the guidance or supervision of the professionals described in this subdivision (a)(2).
(b)
A counselor, while acting within the scope of responsibilities assigned by a counseling center, is not liable civilly or criminally for the suicide or attempted suicide of any person consulting with the counselor.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 3 - GENERAL RULES APPLICABLE TO PERSONS SUPPORTED (§§ 52-3-101 — 52-3-604) › Part 2 - SPECIAL LIABILITY RULES (§§ 52-3-201 — 52-3-213) › Section 52-3-202 - Directors of a not-for-profit corporation; liability for acts of persons supported

(a)
While acting in good faith, the directors of a not-for-profit corporation that provides -community residential services or supports for persons with an intellectual or developmental disability are not held personally liable for tortious acts committed by the corporation's persons supported.
(b)
Subsection (a) does not preclude imposition of personal liability on a director who also acts as a paid officer or employee of the corporation.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 3 - GENERAL RULES APPLICABLE TO PERSONS SUPPORTED (§§ 52-3-101 — 52-3-604) › Part 2 - SPECIAL LIABILITY RULES (§§ 52-3-201 — 52-3-213) › Section 52-3-203 - Predict, warn of, or take precautions to provide' protection

A qualified mental health professional or behavior analyst shall take reasonable care to predict, warn of, or take precautions to protect an identified victim from a person supported's violent behavior only if:
(1)
The person supported has communicated to the professional or analyst an actual threat of bodily harm against a clearly identified victim; and
(2)
The qualified mental health professional or behavior analyst, using the reasonable skill, knowledge, and care ordinarily possessed and exercised by the professional or analyst's specialty under similar circumstances, has determined or reasonably should have determined that the person supported has the apparent ability to commit such an act and is likely to carry out the threat unless prevented from doing so.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 3 - GENERAL RULES APPLICABLE TO PERSONS SUPPORTED (§§ 52-3-101 — 52-3-604) › Part 2 - SPECIAL LIABILITY RULES (§§ 52-3-201 — 52-3-213) › Section 52-3-204 - Discharge of duty under section 52-3-203

The duty imposed by§ 52-3-203 may be discharged by the qualified mental health professional or behavior analyst by:
(1)
Informing the clearly identified victim of the threat;
(2)
Having the person supported admitted on a voluntary basis to a hospital;
(3)
Taking steps to seek admission of the person supported to a hospital or treatment resource on an involuntary basis pursuant to chapter 5 of this title; or
(4)
Pursuing a course of action consistent with current professional standards that will discharge the duty.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 3 - GENERAL RULES APPLICABLE TO PERSONS SUPPORTED (§§ 52-3-101 — 52-3-604) › Part 2 - SPECIAL LIABILITY RULES (§§ 52-3-201 — 52-3-213) › Section 52-3-205 - Threats; communication to qualified mental health professional or behavior analyst

An employee of a service provider shall communicate a threat to a qualified mental health professional or behavior analyst employed by the service provider only if:
(1)
The employee is normally responsible for transmitting or recording communications from a person supported to the professional or analyst; and
(2)
The employee receives a communication from a person supported of an actual threat of bodily harm against a clearly identified victim.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 3 - GENERAL RULES APPLICABLE TO PERSONS SUPPORTED (§§ 52-3-101 — 52-3-604) › Part 2 - SPECIAL LIABILITY RULES (§§ 52-3-201 — 52-3-213) › Section 52-3-206 - Duty satisfied; liability

If a qualified mental health professional or behavior analyst has satisfied the person's duty under § 52-3-203, § 52-3-205, or§ 52-3-207, monetary liability and a cause of action do not arise against the qualified mental health professional or behavior analyst, or any service provider in whose service the duty arose for the qualified mental health professional or behavior analyst for not predicting, warning of, or taking precautions to provide protection from violent behavior by the person with an intellectual or developmental disability.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 3 - GENERAL RULES APPLICABLE TO PERSONS SUPPORTED (§§ 52-3-101 — 52-3-604) › Part 2 - SPECIAL LIABILITY RULES (§§ 52-3-201 — 52-3-213) › Section 52-3-207 - Threats of serious bodily harm or death; reports

(a)
If a person supported has communicated to a qualified mental health professional or behavior analyst an actual threat of serious bodily harm or death against a reasonably identifiable victim or victims, then the qualified mental health. professional or behavior analyst, using the reasonable skill, knowledge, and care ordinarily possessed and exercised by the qualified mental health professional or behavior analyst's specialty under similar circumstances, who has determined or reasonably should have determined that the person supported has the apparent ability to commit such an act and is likely to carry out the threat unless prevented from doing so, must immediately report the person supported to local law enforcement, who must take appropriate action based upon the information reported.
(b)
If a mental health professional or behavior analyst is required to report pursuant to subsection (a), then the qualified mental health professional or behavior analyst must report the following information:
(1)
Complete name and all aliases of the person supported;
(2)
Name of the mental health professional or behavior analyst and the name of the private or state hospital or treatment resource from which the individual may be receiving services;
(3)
Date of birth of the person supported;
(4)
Race and sex of the person supported; and
(5)
Social security number of the person supported, if available.
(c)
The information reported as required by subsection (b), the confidentiality of which may be protected by other law or rules, must be maintained as confidential and not be subject to public inspection pursuant to such laws or rules, except for such use as may be necessary in the conduct of any proceedings pursuant to §§ 39-17-1316, 39-17-1353, and 39-17-1354.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 3 - GENERAL RULES APPLICABLE TO PERSONS SUPPORTED (§§ 52-3-101 — 52-3-604) › Part 2 - SPECIAL LIABILITY RULES (§§ 52-3-201 — 52-3-213) › Section 52-3-208 - Refusal to perform act unlawful under title; liability

Monetary liability and a cause of action do not arise against a person or the service provider in whose service the person was acting for, if:
(1)
The person has refused to perform any act that is prohibited by or is not lawful under this title; or
(2)
The person has relinquished authority over a person supported based on a decision by another to whom this title gives express authority to make the decision.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 3 - GENERAL RULES APPLICABLE TO PERSONS SUPPORTED (§§ 52-3-101 — 52-3-604) › Part 2 - SPECIAL LIABILITY RULES (§§ 52-3-201 — 52-3-213) › Section 52-3-209 - Uniform assessment process

The department may prescribe a uniform assessment process through rule or policy by which to determine whether a person supported lacks capacity to make decisions on issues within the meaning of § 52-3-210.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 3 - GENERAL RULES APPLICABLE TO PERSONS SUPPORTED (§§ 52-3-101 — 52-3-604) › Part 2 - SPECIAL LIABILITY RULES (§§ 52-3-201 — 52-3-213) › Section 52-3-210 - Lack of capacity

A person "lacks capacity" under this title for a decision about a routine medical, dental, or mental health treatment if:
(1)
The person supported, due to an intellectual disability or mental impairment related to a developmental disability, is unable to make an informed decision about the routine medical, dental, or mental health treatment; and
(2)
The incapacity is shown by the fact that the person is not able to understand the proposed procedure, its risks and benefits, or the available alternative procedures.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 3 - GENERAL RULES APPLICABLE TO PERSONS SUPPORTED (§§ 52-3-101 — 52-3-604) › Part 2 - SPECIAL LIABILITY RULES (§§ 52-3-201 — 52-3-213) › Section 52-3-211 - Surrogate decision maker; liability

A surrogate may decide for the person supported with respect to the matter in question, and the surrogate who acts in good faith, reasonably, and without malice in connection with the decision is free from all liability, civil or criminal, by reason of the decision, if:
(1)
(A)
The adult with an intellectual or developmental disability does not have a conservator; or
(B)
The child with an intellectual or developmental disability does not have a parent or legal guardian;
(2)
(A)
The licensed dentist determines that the person lacks capacity to make a decision about a routine dental decision;
(B)
The licensed psychologist with health service provider designation determines that the person lacks capacity to make a decision about a routine medical or behavioral treatment; or
(C)
The licensed physician determines that the person lacks capacity to make a decision about a routine medical treatment;
(3)
The physician, psychologist, or dentist uses an assessment process generally accepted within the professional standards of the relevant field;
(4)
The physician, psychologist, or dentist determines that someone is eligible to serve as a surrogate decision maker for the person supported on the matter in question under § 52-3-212;
(5)
The person supported does not reject the proposed surrogate for the decision in any way; and
(6)
The physician, psychologist, or dentist provides the surrogate the information necessary to make an informed decision.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 3 - GENERAL RULES APPLICABLE TO PERSONS SUPPORTED (§§ 52-3-101 — 52-3-604) › Part 2 - SPECIAL LIABILITY RULES (§§ 52-3-201 — 52-3-213) › Section 52-3-212 - Surrogate decision maker; eligibility

An adult is eligible to serve as a surrogate decision maker for a person supported on the matter in question under §§ 52-3-211 and 52-3-213, if the physician, psychologist, or dentist reasonably determines that the adult:
(1)
Knows about the person supported's intellectual or developmental disability and medical or behavioral condition as it relates to the matter in question;
(2)
Is actively involved in the person supported's life;
(3)
Is willing to make a decision for the person supported on the matter in question;
(4)
Appears to be reasonably capable of making the decision and likely to make it objectively in the person supported's interest;
(5)
Appears to have no conflict of interest with the person supported; and
(6)
Is, in order of descending preference for service as a surrogate:
(A)
The person supported's spouse;
(B)
The person supported's adult child;
(C)
The person supported's parent or stepparent;
(D)
The person supported's adult sibling;
(E)
Any other adult relative of the person supported; or
(F)
Any other adult.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 3 - GENERAL RULES APPLICABLE TO PERSONS SUPPORTED (§§ 52-3-101 — 52-3-604) › Part 2 - SPECIAL LIABILITY RULES (§§ 52-3-201 — 52-3-213) › Section 52-3-213 - Physician, psychologist, or dentist; reliance on surrogate's decision; immunity

If the physician, psychologist, or dentist knows of no family member, of the same or higher order of preference as the surrogate under § 52-3-212(6)(F), who objects to the surrogate's decision, and if the proposed treatment is not solely for behavior control of a person supported, then the physician, psychologist, or dentist:
(1)
May act on the surrogate's decision as if the person supported had the capacity to consent and had consented personally; and
(2)
Who acts in accord with and in good faith reliance on the surrogate's decision, is not subject to criminal prosecution, civil liability, or professional disciplinary action based on a subsequent finding of the invalidity of the surrogate's decision.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 3 - GENERAL RULES APPLICABLE TO PERSONS SUPPORTED (§§ 52-3-101 — 52-3-604) › Part 3 - TRANSFERS (§§ 52-3-301 — 52-3-302) › Section 52-3-302 - Transfer from a youth development center

(a)
The chief officer of the youth development center of the department of children's services shall order the person's transfer and shall notify the person of the decision and the reasons in writing not less than twenty-four (24) hours in advance of the proposed transfer if the chief officer determines, on the basis of a written report of a licensed physician or licensed psychologist designated as a health service provider, that a person in the youth development center:
(1)
Has an intellectual or developmental disability; and
(2)
Is in need of residential care and treatment for the condition that cannot be provided by the department of children's services and that can be provided at a residential facility of the department of disability and aging.
(b)
(1)
If the person does not object to the transfer within twenty-four (24) hours of notice of the proposed transfer, then the person must be transferred to the appropriate residential program of the department of disability and aging that is designated by the commissioner of disability and aging as having available suitable accommodations. The department of children's services retains legal custody of the person after the person has been transferred to an appropriate residential program of the department of disability and aging.
(2)
If the person objects to the transfer within twenty-four (24) hours of notice of the proposed transfer, then the chief officer of the youth development center must convene a transfer committee not less than seven (7) nor more than fourteen (14) days thereafter, and the person must remain in the youth development center pending the decision of the transfer committee.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 3 - GENERAL RULES APPLICABLE TO PERSONS SUPPORTED (§§ 52-3-101 — 52-3-604) › Part 4 - JUDICIAL PROCEDURES GENERALLY (§§ 52-3-401 — 52-3-405) › Section 52-3-401 - Release or discharge during pendency of proceedings

Notwithstanding this title, a person with an intellectual or developmental disability, with respect to whom proceedings for admission under a court order have been commenced, must not be released or discharged during the pendency of the proceedings, unless ordered by the court upon application of the person with an intellectual or developmental disability or of the parent, legal guardian, legal custodian, conservator, spouse, or adult next of kin of the person, or upon the report of the facility that the person with an intellectual or developmental disability may be discharged with safety.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 3 - GENERAL RULES APPLICABLE TO PERSONS SUPPORTED (§§ 52-3-101 — 52-3-604) › Part 4 - JUDICIAL PROCEDURES GENERALLY (§§ 52-3-401 — 52-3-405) › Section 52-3-402 - Records and recordation; copies of court orders; personal and family history

(a)
In all judicial proceedings under this title, the clerk of the court in which the proceedings are held shall keep a careful and accurate record of the proceedings.
(b)
(1)
Whenever, in a judicial proceeding under this title, a person has been ordered admitted, the clerk of the court shall immediately communicate the action of the court to the department.
(2)
A copy of the court order must be forwarded to the department together with a personal and family history of the person with an intellectual or developmental disability that the clerk shall complete, and any other forms or documents required by rules of the department.
(3)
The department shall furnish a supply of all necessary forms to the clerks of the various courts.
(c)
The clerk may communicate to the department the cost that is included in the costs and expenses of the case.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 3 - GENERAL RULES APPLICABLE TO PERSONS SUPPORTED (§§ 52-3-101 — 52-3-604) › Part 4 - JUDICIAL PROCEDURES GENERALLY (§§ 52-3-401 — 52-3-405) › Section 52-3-403 - Costs; reimbursement; indigent persons

(a)
The reasonable costs incurred in judicial proceedings under this title must be paid by the subject of the proceedings or the subject's estate or by the subject's responsible relatives and must be a charge upon the estate of those liable.
(b)
The reasonable costs incurred in judicial proceedings filed by the department to have a guardian or conservator appointed under title 34, must be paid by the subject of the proceedings in conformity with that law.
(c)
(1)
If a subject of proceedings under this title is indigent and does not have responsible relatives able to pay the costs or if a subject of guardianship or conservatorship proceedings filed by the department is indigent under the guardianship or conservatorship law under title 34, then the state must pay the costs.
(2)
For the purpose of subdivision (c)(1), the Tennessee supreme court shall prescribe by rule the nature of costs for which reimbursement may be allowed, and limitations on and conditions for reimbursement of costs as it deems appropriate in the public interest, subject to this section. The rules must also specify the form and content' of applications for reimbursement of costs to be filed under this section. The administrative director of the courts shall administer this subsection (c) and rules adopted under this subsection (c), and shall audit and review all applications for reimbursement of costs. Upon finding payment to be in order, the administrative director of the courts shall process the payment from money appropriated for that purpose.
(d)
In any case where the subject of the proceedings is judicially determined not to be involuntarily committed or transferred, the costs may be taxed against the person who seeks commitment or transfer of the subject of the proceedings.
(e)
The court may require any petitioner to file an undertaking with surety to be approved by the court in an amount the court considers proper to assure the payment of costs and expenses and to save harmless the respondent by reason of costs incurred, including attorney's fees, if any, and damages suffered by the respondent as a result of the action.
(f)
Witnesses subpoenaed to appear in proceedings held under this title must be paid fees and mileage as provided by law for witnesses generally.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 3 - GENERAL RULES APPLICABLE TO PERSONS SUPPORTED (§§ 52-3-101 — 52-3-604) › Part 4 - JUDICIAL PROCEDURES GENERALLY (§§ 52-3-401 — 52-3-405) › Section 52-3-404 - Use of audio-visual technology for judicial proceedings

(a)
(1)
Any judicial proceeding under this title may be conducted by the use of audio-visual technology as set out in this section.
(2)
For any other proceedings under this title, the use of audio-visual technology is permissible with the agreement of all parties and at the court's discretion.
(b)
Subject to the availability of suitable equipment and notwithstanding any law to the contrary, proceedings may be conducted through two-way electronic audio-video communication without the physical presence of the parties, witnesses, or attorneys before the court. Any such hearing must be conducted so that:
(1)
The judge, parties, and their attorneys can see and hear each other throughout the entire hearing, except for the private communications excluded under subdivision (b)(5);
(2)
The judge, parties, and their attorneys can see and hear all witnesses while they testify orally during the hearing;
(3)
The judge, parties, and their attorneys can hear all questions asked of witnesses during their testimony;
(4)
The judge, parties, and their attorneys can hear all questions, statements, objections, motions, and arguments of any attorney or party participating in the hearing; and
(5)
The parties and their respective attorneys can communicate privately with each other during the hearing.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 3 - GENERAL RULES APPLICABLE TO PERSONS SUPPORTED (§§ 52-3-101 — 52-3-604) › Part 4 - JUDICIAL PROCEDURES GENERALLY (§§ 52-3-401 — 52-3-405) › Section 52-3-405 - Transmission of pleadings

Pleadings and any certificates of need for care and treatment that must be filed in proceedings under this title may be delivered to the court in conformity with the Tennessee Rules of Civil Procedure.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 3 - GENERAL RULES APPLICABLE TO PERSONS SUPPORTED (§§ 52-3-101 — 52-3-604) › Part 5 - HABEAS CORPUS (§§ 52-3-501 — 52-3-504) › Section 52-3-501 - Writ of habeas corpus; right to file

Any person with an intellectual or developmental disability in a public or private residential facility for persons with an intellectual or developmental disability is entitled to file for a writ of habeas corpus upon petition by the person with an intellectual or developmental disability or a friend to any court generally empowered to issue the writ of habeas corpus in the county in which the person with an intellectual or developmental disability is detained.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 3 - GENERAL RULES APPLICABLE TO PERSONS SUPPORTED (§§ 52-3-101 — 52-3-604) › Part 5 - HABEAS CORPUS (§§ 52-3-501 — 52-3-504) › Section 52-3-502 - Mental disability of person; determination to release

During any proceeding to determine whether to release a person with an intellectual or developmental disability seeking release by means of a writ of habeas corpus under this part, § 52-3-101, or otherwise, the court shall also, if the issue is raised in the responsive pleading, determine whether the person seeking release presently has an intellectual or developmental disability and meets the standards for involuntary commitment under §§ 52-5-403 and 52-5-404.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 3 - GENERAL RULES APPLICABLE TO PERSONS SUPPORTED (§§ 52-3-101 — 52-3-604) › Part 5 - HABEAS CORPUS (§§ 52-3-501 — 52-3-504) › Section 52-3-503 - Court order

(a)
If, upon consideration of a petition filed pursuant to § 52-3-501, the court determines that the person was not committed under the governing provisions of this title or was not afforded due process of law, but that, nevertheless, the person has an intellectual disability and because of the condition poses a likelihood of serious harm under § 52-5-402, then the court may order the person returned to the facility where the person was located on the date of filing the petition for not more than fifteen (15) days, exclusive of Saturdays, Sundays, or holidays, only if:
(1)
A petition under §§ 52-5-403 and 52-5-404 is filed immediately and is disposed of within fifteen (15) days of the court's order returning the person to the facility, exclusive of Saturdays, Sundays, or holidays; and
(2)
The case is continued on the request of the petitioner.
(b)
If the conditions in subsection (a) are not met, then the person must be released.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 3 - GENERAL RULES APPLICABLE TO PERSONS SUPPORTED (§§ 52-3-101 — 52-3-604) › Part 5 - HABEAS CORPUS (§§ 52-3-501 — 52-3-504) › Section 52-3-504 - Court order transmission

If the court ordering the discharge is not the court that ordered the commitment, then the court must transmit a certified copy of the order to the court that ordered the commitment. Upon receipt of the copy, the court that ordered the commitment shall enter an order finding that the person has been discharged by order of the court that issued the writ of habeas corpus.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 3 - GENERAL RULES APPLICABLE TO PERSONS SUPPORTED (§§ 52-3-101 — 52-3-604) › Part 6 - VIOLATIONS OF PERSON SUPPORTED RIGHTS (§§ 52-3-601 — 52-3-604) › Section 52-3-601 - Wrongful commitment; penalty; liability

(a)
A person commits a Class E felony who:
(1)
Without probable cause to believe a person has an intellectual or developmental disability, causes or conspires with or assists a third person to cause the hospitalization or commitment of the person under this title; or
(2)
Causes or conspires with or assists another to cause the denial to a person of any right accorded to a person under this title.
(b)
A person commits a Class E felony who:
(1)
Without probable cause to believe a person has a developmental or intellectual disability, executes a petition, complaint, or certificate of need under this title, or otherwise secures or attempts to secure the apprehension, detention, hospitalization, restraint, or commitment of the person; or
(2)
Knowingly makes any false certificate of need or complaint under this title.
(c)
The commissioner or commissioner's designee acting pursuant to this title is entitled to rely in good faith upon the representations made for commitment by any person authorized to provide certificates under this title or any court.
(d)
All persons acting in good faith, reasonably and without negligence in connection with the preparation of petitions, complaints, certificates of need, or other documents or the apprehension, detention, discharge, examination, transportation, or treatment of a person under this title are free from all liability, civil or criminal, by reason of the acts.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 3 - GENERAL RULES APPLICABLE TO PERSONS SUPPORTED (§§ 52-3-101 — 52-3-604) › Part 6 - VIOLATIONS OF PERSON SUPPORTED RIGHTS (§§ 52-3-601 — 52-3-604) › Section 52-3-602 - False information; furnishing; penalty

It is a Class C misdemeanor for any person to knowingly furnish false information for the purpose of securing the commitment of any person to a facility for persons with an intellectual or developmental disability.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 3 - GENERAL RULES APPLICABLE TO PERSONS SUPPORTED (§§ 52-3-101 — 52-3-604) › Part 6 - VIOLATIONS OF PERSON SUPPORTED RIGHTS (§§ 52-3-601 — 52-3-604) › Section 52-3-603 - Sexual relations with persons supported; penalty

Any employee of a service provider who has sexual relations with a person supported, other than the employee's spouse, or commits sexual battery on a person supported, knowing or having reason to believe that the person is a person supported of the service provider, is subject to discharge for that conduct.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 3 - GENERAL RULES APPLICABLE TO PERSONS SUPPORTED (§§ 52-3-101 — 52-3-604) › Part 6 - VIOLATIONS OF PERSON SUPPORTED RIGHTS (§§ 52-3-601 — 52-3-604) › Section 52-3-604 - Escape or violence; aiding or abetting; gifts

(a)
A person commits a Class E felony who:
(1)
Counsels, causes, influences, aids, or assists a person supported with an intellectual or developmental disability to leave a facility without valid legal authority after the person supported was committed under court order;
(2)
Harbors or conceals a person supported with an intellectual or developmental disability who has left a facility without valid legal authority;
(3)
Incites a person supported with an intellectual or developmental disability, while the person supported is committed to a facility, to hurt or injure another person anywhere; or
(4)
Gives or sells to a person supported with an intellectual or developmental disability committed to a facility designated by the commissioner, whether on the premises of the facility or elsewhere, knowing the person to be a person with an intellectual or developmental disability, any firearms, intoxicating drinks, illegal drugs, or any other harmful articles.
(b)
An employee or official of a facility who receives from a person with an intellectual or developmental disability anything of value as a gift or for a consideration commits a Class C misdemeanor.
(c)
A person, who aids or abets in the commission of any of the foregoing offenses or aids or abets in a prohibited attempt, is guilty as if the person were a principal and must be punished as a principal.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 4 - RIGHTS OF RESIDENTIAL PERSONS SUPPORTED (§§ 52-4-101 — 52-4-106) › Section 52-4-101 - Visitors and communication

(a)
A person with an intellectual or developmental disability is entitled to:
(1)
Receive visitors; and
(2)
Communicate, orally or by sending and receiving uncensored mail, with the person supported's family, attorney, personal physician, and minister, and the courts.
(b)
All other incoming mail or parcels may be read or opened before being delivered to a person supported, if a department-operated facility believes the action is necessary for the physical or mental health of the person supported who is the intended recipient. Mail or other communication that is not delivered to the person supported for whom it is intended must be returned immediately to the sender.
(c)
A facility or entity may make reasonable rules regarding visitors, visiting hours, and the use of communication resources.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 4 - RIGHTS OF RESIDENTIAL PERSONS SUPPORTED (§§ 52-4-101 — 52-4-106) › Section 52-4-102 - Unauthorized leave

If a person admitted under court order leaves a facility without authority, then the facility must immediately notify the court regardless of the length of the person's absence. If the person is taken into custody, then the person may be returned to the facility upon an order by the court. After thirty (30) days' absence, the person may be dropped from the facility's records. A return after thirty (30) days' absence is a new admission. A person's absence beyond thirty (30) days does not limit the power of the court to order the person's return to a facility under this section.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 4 - RIGHTS OF RESIDENTIAL PERSONS SUPPORTED (§§ 52-4-101 — 52-4-106) › Section 52-4-103 - Private facility; commitment; certificate

(a)
If a person is proposed to be committed to a private facility under this title, at least one (1) of the required certificates of need must be from a qualified health professional who is not an employee of the private facility.
(b)
For purposes of this section, employment as a faculty member by a school of medicine at a university or college associated with a hospital does not constitute employment at a private facility.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 4 - RIGHTS OF RESIDENTIAL PERSONS SUPPORTED (§§ 52-4-101 — 52-4-106) › Section 52-4-104 - Certificate of need; content; penalty

(a)
A certificate of need for commitment for care and treatment of a person with an intellectual or developmental disability is not valid for any purpose unless it is based on personal observation and examination of the person made by the qualified health professional not more than three (3) days prior to the making of the certificate. The certificate must state the facts and reasoning on which the opinions and conclusions are based.
(b)
The execution of a certificate concerning the mental condition of a person by a qualified health professional who has not personally observed and examined the person is a Class E felony.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.