reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 6 - JUDICIAL PROCEDURES FOR RESIDENTIAL TREATMENT (§§ 33-3-601 — 33-3-620) › Section 33-3-612 - Evidence - Witnesses - Continuances - Presence or exclusion of defendant

(a)
The court shall give the defendant, the plaintiff, and all other persons to whom the clerk is required to give notice of the proceeding, an opportunity to appear at the hearing, to testify, and to present and cross-examine witnesses.
(b)
The defendant shall be present at the hearing unless the defendant waives the right to be present in writing. If the defendant's attorney shows that the defendant's physical health would be endangered by being at the hearing, the court may order a continuance until the risk is terminated, and the defendant shall not be discharged during the continuance unless the hospital determines that the defendant no longer meets the commitment standards applicable in the hearing that has been continued. If the court determines that the defendant's conduct at the hearing is so violent or otherwise disruptive that it creates a serious risk of harm to the defendant or others at the hearing or so disrupts the proceedings that they cannot be conducted in a proper manner, the court may order the defendant restrained or excluded to the extent necessary to the proper conduct of the proceedings. If the defendant is not present at or is excluded from the hearing, the court shall make a written finding of fact as to why the hearing is held in defendant's absence.
Acts 1983, ch. 323, § 9; T.C.A., § 33-371; Acts 1984, ch. 922, §§ 16, 21; 1996, ch. 1079, § 54; 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 6 - JUDICIAL PROCEDURES FOR RESIDENTIAL TREATMENT (§§ 33-3-601 — 33-3-620) › Section 33-3-613 - Conduct of hearing

The hearing shall be conducted in as informal a manner as may be consistent with orderly procedure.
Acts 1983, ch. 323, § 9; T.C.A., § 33-372; Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 6 - JUDICIAL PROCEDURES FOR RESIDENTIAL TREATMENT (§§ 33-3-601 — 33-3-620) › Section 33-3-614 - Names of examining professionals - Availability to defendant

If the names of examining professionals who certified the person's need for care and treatment did not accompany the complaint, they shall be made available to the defendant and counsel prior to the hearing.
Acts 1983, ch. 323, § 9; T.C.A., § 33-373; Acts 1984, ch. 922, § 16; 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 6 - JUDICIAL PROCEDURES FOR RESIDENTIAL TREATMENT (§§ 33-3-601 — 33-3-620) › Section 33-3-615 - Testimony of professionals - Depositions or affidavits

(a)
The testimony of a certifying professional may be made by deposition or affidavit only with the consent of the defendant's counsel. If the testimony is given by deposition or affidavit, the court shall make a specific finding of fact that the defendant or the defendant's counsel has consented, and the defendant's right of cross-examination of the certifying professional shall be preserved.
(b)
If consent is not given for testimony by deposition or affidavit, a professional who would be qualified as a certifying professional under the commitment statute may testify instead of a certifying professional if the person has examined the defendant within ten (10) days of the hearing, and the person shall testify as to each point of the commitment statute.
Acts 1983, ch. 323, § 9; T.C.A., § 33-374; Acts 1984, ch. 922, §§ 16, 22; 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 6 - JUDICIAL PROCEDURES FOR RESIDENTIAL TREATMENT (§§ 33-3-601 — 33-3-620) › Section 33-3-616 - Place of detention

No defendant shall be detained at a jail or other custodial facility for the detention of persons charged with or convicted of criminal offenses, unless the defendant is under arrest for the commission of a crime.
Acts 1983, ch. 323, § 9; T.C.A., § 33-375; Acts 1984, ch. 922, § 16; 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 6 - JUDICIAL PROCEDURES FOR RESIDENTIAL TREATMENT (§§ 33-3-601 — 33-3-620) › Section 33-3-617 - Requisites for commitment

IF AND ONLY IF
(1)
the certificates required by law have been filed with the court showing the need for involuntary care and treatment, AND
(2)
the court finds on the basis of clear, unequivocal and convincing evidence that the defendant is subject to involuntary care and treatment under the statute under which the commitment is sought,
THEN
(3)
the court shall commit the person under the commitment statute on which the complaint is based.
Acts 1983, ch. 323, § 9; T.C.A., § 33-376; Acts 1984, ch. 922, §§ 16, 23; 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 6 - JUDICIAL PROCEDURES FOR RESIDENTIAL TREATMENT (§§ 33-3-601 — 33-3-620) › Section 33-3-618 - Dismissal of proceedings - Release of defendant

(a)
If the court does not commit the defendant to involuntary care and treatment, the court shall enter an order dismissing the proceedings for involuntary care and treatment.
(b)
If the defendant is being held involuntarily under this title, the court shall order the immediate release of the defendant unless the defendant is in the custody of the chief officer of a facility under another law or is being held on charges of the commission of a criminal offense or of juvenile delinquency.
Acts 1983, ch. 323, § 9; T.C.A., § 33-377; Acts 1984, ch. 922, §§ 16, 19; 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 6 - JUDICIAL PROCEDURES FOR RESIDENTIAL TREATMENT (§§ 33-3-601 — 33-3-620) › Section 33-3-619 - Commitment to involuntary care - Disclosure of information

If a commitment to involuntary care and treatment is entered, the certifying professionals shall disclose to the hospital or treatment resourcer that admits the person on its request information they have about the person, including diagnosis, past treatment, and anything else relating to the person's condition that may aid the facility in providing appropriate care and treatment.
Amended by 2024 Tenn. Acts, ch. 688,s 77, eff. 7/1/2024.
Acts 1983, ch. 323, § 9; T.C.A., § 33-378; Acts 1984, ch. 922, §§ 16, 19; 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 6 - JUDICIAL PROCEDURES FOR RESIDENTIAL TREATMENT (§§ 33-3-601 — 33-3-620) › Section 33-3-620 - Appeals

Appeals from proceedings for involuntary care and treatment shall be taken under the general law governing appeals.
Acts 1983, ch. 323, § 9; T.C.A., §§ 33-382, 33-3-623; Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 7 - JUDICIAL PROCEDURES FOR REVIEW OF TRANSFERS (§§ 33-3-701 — 33-3-711) › Section 33-3-701 - Commencement of proceedings

Judicial proceedings for the determination of whether a person may be transferred to a facility or continues to be eligible for treatment in a facility to which that person was transferred under part 3 or 4 of this chapter, may be commenced by filing a complaint in circuit court where the receiving department facility is located. The person or a parent, legal guardian, legal custodian, conservator, spouse or responsible relative of the person may initiate the review proceedings.
Acts 1984, ch. 922, § 5; 1989, ch. 513, § 13; 1996, ch. 1079, § 55; 2000, ch. 947, §§ 1, 6.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 7 - JUDICIAL PROCEDURES FOR REVIEW OF TRANSFERS (§§ 33-3-701 — 33-3-711) › Section 33-3-702 - Notice of complaint and hearing

Upon receipt of a complaint the clerk shall mail notice of the filing and of the time and place of the hearing to the transferee and the plaintiff and shall mail notice and a copy of the complaint to the chief officers of the transferring facility and of the receiving facility and to the transferee's spouse, parent, responsible relative, legal guardian, legal custodian, or conservator. If mailing addresses are unknown, notice may be given by any other reasonable means.
Acts 1984, ch. 922, § 5; 1996, ch. 1079, § 56; 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 7 - JUDICIAL PROCEDURES FOR REVIEW OF TRANSFERS (§§ 33-3-701 — 33-3-711) › Section 33-3-703 - When hearings held - Continuances

The hearing shall be held as soon as possible after the complaint was filed. At the request of counsel for the transferee, the hearing shall be continued for up to ten (10) days for preparation of the case.
Acts 1984, ch. 922, § 5; 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 7 - JUDICIAL PROCEDURES FOR REVIEW OF TRANSFERS (§§ 33-3-701 — 33-3-711) › Section 33-3-704 - Transferee's attorney

The transferee's attorney shall notify the court of the representation immediately after accepting it. If the transferee or others on the transferee's behalf do not employ an attorney for the transferee, the court shall appoint an attorney to represent the transferee. An attorney representing the transferee shall not serve as guardian ad litem. If the court determines that the transferee is not able to understand the nature of the proceedings and cannot communicate with counsel in the conduct of the case, the court may appoint another person to serve as the transferee's guardian ad litem.
Acts 1984, ch. 922, § 5; 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 7 - JUDICIAL PROCEDURES FOR REVIEW OF TRANSFERS (§§ 33-3-701 — 33-3-711) › Section 33-3-705 - Jury trial

Either party may demand a jury trial on the issues.
Acts 1984, ch. 922, § 5; 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 7 - JUDICIAL PROCEDURES FOR REVIEW OF TRANSFERS (§§ 33-3-701 — 33-3-711) › Section 33-3-706 - Place of hearings - Exclusion of public

The hearing shall be conducted in a place where the court is usually held or in a physical setting not likely to have a harmful effect on the mental condition of the transferee. No hearing shall be conducted in a jail or other custodial facility for the detention of persons charged with or convicted of criminal offenses unless the transferee is being held in connection with the offenses. The court shall determine the place of the hearing and may exclude the public from the hearing on motion of the transferee if the interests of the transferee and the public would best be served by exclusion.
Acts 1984, ch. 922, § 5; T.C.A. §
33-3-612
; Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 7 - JUDICIAL PROCEDURES FOR REVIEW OF TRANSFERS (§§ 33-3-701 — 33-3-711) › Section 33-3-707 - Evidence - Witnesses - Continuances - Presence or exclusion of transferee

(a)
The court shall give the plaintiff, the transferee, and all other persons to whom the clerk is required to give notice of the proceeding an opportunity to appear at the hearing, to testify, and to present and cross-examine witnesses.
(b)
The transferee shall be present at the hearing unless the transferee waives the right to be present in writing. If the transferee's attorney shows that the transferee's physical health would be endangered by being at the hearing, the court may order a continuance until the risk is terminated. If the court determines that the transferee's conduct at the hearing is so violent or otherwise disruptive that it creates a serious risk of harm to the transferee or others at the hearing or so disrupts the proceedings that they cannot be conducted in a proper manner, the court may order the transferee restrained or excluded to the extent necessary to the proper conduct of the proceedings. If the transferee is not present at or is excluded from the hearing, the court shall make a written fact finding as to why the hearing is held in the transferee's absence.
Acts 1984, ch. 922, § 5; 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 7 - JUDICIAL PROCEDURES FOR REVIEW OF TRANSFERS (§§ 33-3-701 — 33-3-711) › Section 33-3-708 - Hearings informal

The hearing shall be conducted in as informal a manner as may be consistent with orderly procedure.
Acts 1984, ch. 922, § 5; 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 7 - JUDICIAL PROCEDURES FOR REVIEW OF TRANSFERS (§§ 33-3-701 — 33-3-711) › Section 33-3-709 - Testimony of examining professionals - Depositions and affidavits

The testimony of an examining professional may be made by deposition or affidavit only with the consent of the transferee's counsel. If the testimony is given by deposition or affidavit, the court shall make a specific finding of fact that the transferee's counsel has consented, and the transferee's right of cross-examination of the examining professional shall be preserved. If consent is not given for testimony by deposition or affidavit, a professional who would be qualified as an examining professional under the commitment statute may testify instead of an examining professional, if the person has examined the transferee within ten (10) days of the hearing.
Acts 1984, ch. 922, § 5; 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 7 - JUDICIAL PROCEDURES FOR REVIEW OF TRANSFERS (§§ 33-3-701 — 33-3-711) › Section 33-3-710 - Findings by court or jury

If the court finds by a preponderance of the evidence under the transfer statute that the transferee is subject to transfer or continues to be eligible for care and treatment in a facility to which the person was transferred, the court shall so declare. If the court finds otherwise, the court shall order the person's transfer from the receiving facility to the transferring facility or shall order that the person not be transferred to the proposed facility. Findings of a jury with respect to the transfer criteria shall be reported by special verdict.
Acts 1984, ch. 922, § 5; 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 7 - JUDICIAL PROCEDURES FOR REVIEW OF TRANSFERS (§§ 33-3-701 — 33-3-711) › Section 33-3-711 - Limitations on filing complaint

No complaint under this part may be filed by or on behalf of a transferee within six (6) months after a hearing on a previous complaint under this part.
Acts 1984, ch. 922, § 5; 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 8 - HABEAS CORPUS (§§ 33-3-801 — 33-3-804) › Section 33-3-801 - Right to file for writ of habeas corpus

Any person with mental illness or serious emotional disturbance in a public or private residential facility for persons with mental illness, serious emotional disturbance, or developmental disability is entitled to file for a writ of habeas corpus upon petition by the person with mental illness or serious emotional disturbance or a friend to any court generally empowered to issue the writ of habeas corpus in the county in which the person with mental illness or serious emotional disturbance is detained.
Amended by 2024 Tenn. Acts, ch. 688,s 78, eff. 7/1/2024.
Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 8 - HABEAS CORPUS (§§ 33-3-801 — 33-3-804) › Section 33-3-802 - Determination of mental condition of person seeking release

During any proceeding to determine whether to release a person with mental illness or serious emotional disturbance seeking release by means of a writ of habeas corpus under this part or §
33-3-101
, or otherwise, the court shall also, if the issue is raised in the responsive pleading, determine whether the person seeking release presently has mental illness or serious emotional disturbance and meets the standards for involuntary commitment under chapter 6, part 5 of this title.
Amended by 2024 Tenn. Acts, ch. 688,s 79, eff. 7/1/2024.
Acts 2000, ch. 947, § 1; 2002, ch. 730, § 21; 2010 , ch. 734, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 8 - HABEAS CORPUS (§§ 33-3-801 — 33-3-804) › Section 33-3-803 - Disposition of case

If the court determines that the person was not admitted or committed under the governing provisions of this title or was not afforded due process of law, but that the person has a mental illness or serious emotional disturbance and because of the condition poses a likelihood of serious harm to the person or others as determined under §
33-6-501
, the court may order the person returned to the hospital or treatment resource 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, if, and only if, a petition under chapter 6, part 5 of this title is filed immediately and is disposed of within fifteen (15) days of the court's order, exclusive of Saturdays, Sundays or holidays, unless the case is continued on request of petitioner; otherwise the person shall be released.
Amended by 2024 Tenn. Acts, ch. 688,s 80, eff. 7/1/2024.
Acts 2000, ch. 947, § 1; 2002, ch. 730, § 22; 2010 , ch. 734, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 8 - HABEAS CORPUS (§§ 33-3-801 — 33-3-804) › Section 33-3-804 - Order of discharge

If the court ordering the discharge is not the court that ordered the commitment or admission, the court shall transmit a certified copy of the order to the court that ordered the commitment or admission. Upon receipt of the copy, the court that ordered the commitment or admission shall enter an order finding that the person has been discharged by order of the court that issued the writ of habeas corpus.
Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 9 - VIOLATIONS OF SERVICE RECIPIENT RIGHTS (§§ 33-3-901 — 33-3-904) › Section 33-3-901 - Wrongful hospitalization or admission - Instituting wrongful action - Penalties - Immunity

(a)
A person commits a Class E felony who:
(1)
Without probable cause to believe a person has mental illness or serious emotional disturbance, causes or conspires with or assists a third person to cause the hospitalization or admission 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 mental illness or serious emotional disturbance executes a petition, application, or certificate under this title, or otherwise secures or attempts to secure the apprehension, detention, hospitalization, admission, or restraint of the person; or
(2)
Knowingly makes any false certificate or application under this title.
(c)
The commissioner or the chief officer of any hospital or treatment resource acting pursuant to this title shall be entitled to rely in good faith upon the representations made for admission by any person or any certification with respect to any person made by a professional 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, applications, certificates or other documents or the apprehension, detention, discharge, examination, transportation or treatment of a person under this title shall be free from all liability, civil or criminal, by reason of the acts.
Amended by 2024 Tenn. Acts, ch. 688,s 81, eff. 7/1/2024.
Acts 1965, ch. 38, § 6; 1974, ch. 802, § 17; 1975, ch. 248, § 1; T.C.A., § 33-304; Acts 1984, ch. 922, § 2; 1986, ch. 570, § 2; 1989, ch. 591, § 29; T.C.A., §
33-3-102
; Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 9 - VIOLATIONS OF SERVICE RECIPIENT RIGHTS (§§ 33-3-901 — 33-3-904) › Section 33-3-902 - Furnishing false information - Misdemeanor

It is a Class C misdemeanor for any person knowingly to furnish false information for the purpose of securing the hospitalization or admission of any person to a facility for persons with mental illness or serious emotional disturbance.
Amended by 2024 Tenn. Acts, ch. 688,s 82, eff. 7/1/2024.
Acts 1965, ch. 38, § 19; 1974, ch. 802, § 18; T.C.A., § 33-305; Acts 1989, ch. 591, § 113; T.C.A., §
33-3-103
; Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 9 - VIOLATIONS OF SERVICE RECIPIENT RIGHTS (§§ 33-3-901 — 33-3-904) › Section 33-3-903 - Sexual relations with service recipient

Any employee of a service provider who has sexual intercourse with a service recipient of the service provider other than the employee's spouse or commits sexual battery on a service recipient, knowing or having reason to believe that the service recipient is a service recipient of the service provider, is subject to discharge for that conduct.
Acts 1965, ch. 38, § 23; 1974, ch. 802, § 30; 1980, ch. 838, § 5; T.C.A., § 33-317; Acts 1989, ch. 591, §§ 30, 31, 113; T.C.A., §
33-3-106(e)
; Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 9 - VIOLATIONS OF SERVICE RECIPIENT RIGHTS (§§ 33-3-901 — 33-3-904) › Section 33-3-904 - Aiding or abetting escape - Inciting service recipient to violence - Supplying with dangerous or intoxicating substances

(a)
A person commits a Class E felony who:
(1)
Counsels, causes, influences, aids or assists a service recipient with mental illness or serious emotional disturbance to leave a hospital or developmental center without authority after the service recipient was admitted under court order;
(2)
Harbors or conceals a service recipient with mental illness or serious emotional disturbance who has left a hospital or developmental center without authority;
(3)
Incites a service recipient with mental illness or serious emotional disturbance, while the service recipient is admitted to a hospital or developmental center, to hurt or injure another person anywhere; or
(4)
Gives or sells to a service recipient with mental illness or serious emotional disturbance in a hospital or developmental center, whether on the premises of the facility or elsewhere, knowing the person to be a person with mental illness, serious emotional disturbance, or developmental disability, any firearms, intoxicating drinks, drugs, or any other harmful articles.
(b)
A hospital or developmental center employee or official who receives from a person with mental illness or serious emotional disturbance 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 shall be punished as a principal.
Amended by 2024 Tenn. Acts, ch. 688,s 83, eff. 7/1/2024.
Acts 1965, ch. 38, § 23; 1974, ch. 802, § 30; 1980, ch. 838, § 5; T.C.A., § 33-317; Acts 1989, ch. 591, §§ 30, 31, 113; T.C.A., §
33-3-106(b)-(d)
; Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 4 - SPECIAL RULES FOR RESIDENTIAL SERVICE RECIPIENTS (§§ 33-4-101 — 33-4-210) › Part 1 - RIGHTS OF RESIDENTIAL SERVICE RECIPIENTS (§§ 33-4-101 — 33-4-110) › Section 33-4-101 - Right to receive visitors - Right to communicate with family, attorney, physician, minister and courts

(a)
A person with mental illness or serious emotional disturbance is entitled to:
(1)
Receive visitors during regular visiting hours; and
(2)
Communicate, orally or by sending and receiving uncensored mail, with the service recipient's family, attorney, personal physician, minister, and the courts.
(b)
All other incoming mail or parcels may be read or opened before being delivered to a service recipient, if the chief officer of the facility believes the action is necessary for the physical or mental health of the service recipient who is the intended recipient. Mail or other communication that is not delivered to the service recipient for whom it is intended shall be returned immediately to the sender.
(c)
The chief officer may make reasonable rules regarding visitors, visiting hours, and the use of communication resources.
Amended by 2024 Tenn. Acts, ch. 688,s 84, eff. 7/1/2024.
Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 4 - SPECIAL RULES FOR RESIDENTIAL SERVICE RECIPIENTS (§§ 33-4-101 — 33-4-210) › Part 1 - RIGHTS OF RESIDENTIAL SERVICE RECIPIENTS (§§ 33-4-101 — 33-4-110) › Section 33-4-103 - Notice of admission to guardian or family

If a person is admitted to a hospital or residential service on the application of any person other than the person's parent, legal guardian, legal custodian, conservator, spouse or adult next of kin, the chief officer shall immediately notify the person's parent, legal guardian, legal custodian, conservator, spouse, or adult next of kin, if known.
Amended by 2024 Tenn. Acts, ch. 688,s 85, eff. 7/1/2024.
Acts 1965, ch. 38, § 45; T.C.A., § 33-608; Acts 1985, ch. 437, § 17; 1996, ch. 1079, § 62; T.C.A., §
33-6-107
; Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 4 - SPECIAL RULES FOR RESIDENTIAL SERVICE RECIPIENTS (§§ 33-4-101 — 33-4-210) › Part 1 - RIGHTS OF RESIDENTIAL SERVICE RECIPIENTS (§§ 33-4-101 — 33-4-110) › Section 33-4-104 - Treatment for physical disorder prior to admission

In considering an applicant for admission, if it appears that the person has a physical disorder that requires immediate medical care and the admitting facility cannot appropriately provide the medical care, the person shall be taken first to a physician or hospital for treatment of the medical condition. When the person has received appropriate medical attention and treatment, the person may then be transported to the appropriate facility for treatment of the person's mental illness or serious emotional disturbance.
Amended by 2024 Tenn. Acts, ch. 688,s 86, eff. 7/1/2024.
Acts 1965, ch. 38, § 18; 1974, ch. 802, § 20; 1975, ch. 248, § 6; 1976, ch. 489, § 2; 1978, ch. 533, § 1; T.C.A., § 33-307; Acts 1985, ch. 437, §§ 9, 10; 1996, ch. 1079, §§ 34, 35; T.C.A., §
33-3-105(b)
; Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 4 - SPECIAL RULES FOR RESIDENTIAL SERVICE RECIPIENTS (§§ 33-4-101 — 33-4-210) › Part 1 - RIGHTS OF RESIDENTIAL SERVICE RECIPIENTS (§§ 33-4-101 — 33-4-110) › Section 33-4-105 - Written statement of release procedures and other rights

(a)
Upon admission of a person with mental illness or serious emotional disturbance to a hospital or residential service, the chief officer shall provide the person a written statement outlining in simple, nontechnical language all release procedures and all other rights of persons under this title. The chief officer shall have the service recipient informed in language understood by the service recipient, including the service recipient's native language or sign language, if appropriate. The chief officer also shall provide the written statement to the person's parent, legal guardian, legal custodian, conservator, spouse or other nearest known adult relative. The chief officer shall provide reasonable means and arrangements for assisting the person in making and presenting requests for release, including petitions to the proper court.
(b)
The service recipient shall sign on the line for signature to acknowledge having been informed of the service recipient's rights orally and in writing. The service recipient's signature shall be acknowledged in writing by at least one (1) disinterested witness.
Amended by 2024 Tenn. Acts, ch. 688,s 87, eff. 7/1/2024.
Acts 1965, ch. 38, § 5; 1974, ch. 802, § 19; 1975, ch. 248, §§ 1, 5; 1977, ch. 482, § 11; 1978, ch. 533, § 3; 1983, ch. 323, § 7; T.C.A., § 33-306; Acts 1984, ch. 922, § 3; 1985, ch. 437, §§ 6-8, 33; 1986, ch. 570, § 3; 1989, ch. 513, § 2; 1989, ch. 591, § 113; 1993, ch. 439, § 1; 1994, ch. 630, §§ 1, 2; 1995, ch. 411, § 1; 1996, ch. 675, § 15; 1996, ch. 1079, §§ 31-33; T.C.A., §§
33-3-104(8)
, 33-3-111; Acts 2000, ch. 947, §§ 1, 6.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 4 - SPECIAL RULES FOR RESIDENTIAL SERVICE RECIPIENTS (§§ 33-4-101 — 33-4-210) › Part 1 - RIGHTS OF RESIDENTIAL SERVICE RECIPIENTS (§§ 33-4-101 — 33-4-110) › Section 33-4-106 - Unauthorized leave from facility

(a)
If a person admitted under court order leaves a hospital or residential service without authority, the chief officer shall immediately notify the court regardless of the length of the person's absence. If the person is taken into custody, 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.
(b)
The committing court shall be notified of the policy regarding temporary leave, and the court shall be given an opportunity to register its objection to granting temporary leave. An objection by the court does not prohibit authorization of leave. Temporary leave is not a discharge from the facility.
Amended by 2024 Tenn. Acts, ch. 688,s 88, eff. 7/1/2024.
Acts 1965, ch. 38, § 23; 1974, ch. 802, § 30; 1980, ch. 838, § 5; T.C.A., § 33-317; Acts 1989, ch. 591, §§ 30, 31, 113; T.C.A., §
33-3-106(a)(1)-(3)
; Acts 2000, ch. 947, § 1; 2002, ch. 730, § 24.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 4 - SPECIAL RULES FOR RESIDENTIAL SERVICE RECIPIENTS (§§ 33-4-101 — 33-4-210) › Part 1 - RIGHTS OF RESIDENTIAL SERVICE RECIPIENTS (§§ 33-4-101 — 33-4-110) › Section 33-4-107 - Commitment to private facility - Certificate by disinterested professional

(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 shall be from a 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 shall not constitute employment at a private facility.
Acts 1983, ch. 323, § 16; T.C.A., § 33-346; Acts 1984, ch. 922, § 7; 1995, ch. 320, § 1; T.C.A., §
33-3-109
; Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 4 - SPECIAL RULES FOR RESIDENTIAL SERVICE RECIPIENTS (§§ 33-4-101 — 33-4-210) › Part 1 - RIGHTS OF RESIDENTIAL SERVICE RECIPIENTS (§§ 33-4-101 — 33-4-110) › Section 33-4-108 - Certificate of need - Basis - Contents - Violation

(a)
A certificate of need for commitment for care and treatment of a person with mental illness or serious emotional disturbance is not valid for any purpose unless it is based on personal observation and examination of the person made by the professional not more than three (3) days prior to the making of the certificate. The certificate shall 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 professional who has not personally observed and examined the person is a Class E felony.
Amended by 2024 Tenn. Acts, ch. 688,s 89, eff. 7/1/2024.
Acts 1983, ch. 323, § 16; T.C.A., §§ 33-347, 33-3-110; Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 4 - SPECIAL RULES FOR RESIDENTIAL SERVICE RECIPIENTS (§§ 33-4-101 — 33-4-210) › Part 1 - RIGHTS OF RESIDENTIAL SERVICE RECIPIENTS (§§ 33-4-101 — 33-4-110) › Section 33-4-110 - Inability to exercise rights - Appointment of a conservator

If the chief officer of a facility in which a service recipient is hospitalized or admitted is of the opinion that the service recipient is unable to exercise any of the rights afforded by this chapter and chapter 3 of this title, the chief officer shall notify immediately the service recipient and the service recipient's attorney, parent, legal custodian, spouse or other nearest known adult relative of the fact, and the chief officer may file for the appointment of a conservator and shall notify those persons as to whether the chief officer intends to do so.
Acts 2002, ch. 730, § 9.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 4 - SPECIAL RULES FOR RESIDENTIAL SERVICE RECIPIENTS (§§ 33-4-101 — 33-4-210) › Part 2 - EMPLOYEES AS GUARDIANS AND CONSERVATORS IN STATE FACILITIES (§§ 33-4-201 — 33-4-210) › Section 33-4-201 - Designation of employee as legal guardian or conservator

The commissioner shall designate an employee of the department whom courts may appoint, regardless of whether the employee resides in the same county as the ward, as legal guardian or conservator for a service recipient in a state facility under title 34, if the court determines that no other person or legally qualified organization will serve for the service recipient and that it is for the best interests of the service recipient that the person be appointed.
Acts 1983, ch. 323, § 4; T.C.A., §§ 33-330, 33-3-901; Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 4 - SPECIAL RULES FOR RESIDENTIAL SERVICE RECIPIENTS (§§ 33-4-101 — 33-4-210) › Part 2 - EMPLOYEES AS GUARDIANS AND CONSERVATORS IN STATE FACILITIES (§§ 33-4-201 — 33-4-210) › Section 33-4-202 - Qualifications of guardian, conservator or trustee

An employee appointed under this part as legal guardian, conservator, or trustee for a person shall have sufficient background to understand the person's mental illness or serious emotional disturbance. Accepting an appointment may not be made a condition of employment unless the duties are a normal part of the employee's duties and there is no conflict of interest. No employee may be appointed as legal guardian, conservator, or trustee of a person who is in the facility in which the employee works.
Amended by 2024 Tenn. Acts, ch. 688,s 90, eff. 7/1/2024.
Acts 1983, ch. 323, § 4; T.C.A., §§ 33-336, 33-3-907; Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 4 - SPECIAL RULES FOR RESIDENTIAL SERVICE RECIPIENTS (§§ 33-4-101 — 33-4-210) › Part 2 - EMPLOYEES AS GUARDIANS AND CONSERVATORS IN STATE FACILITIES (§§ 33-4-201 — 33-4-210) › Section 33-4-203 - Bond

If the total value of the assets that are turned over to an employee for a ward does not exceed five thousand dollars ($5,000) exclusive of the burial fund, the court shall not require a bond.
Acts 1983, ch. 323, § 4; T.C.A., §§ 33-331, 33-3-902; Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 4 - SPECIAL RULES FOR RESIDENTIAL SERVICE RECIPIENTS (§§ 33-4-101 — 33-4-210) › Part 2 - EMPLOYEES AS GUARDIANS AND CONSERVATORS IN STATE FACILITIES (§§ 33-4-201 — 33-4-210) › Section 33-4-204 - Duration of guardianship or conservatorship

An employee serving as legal guardian or conservator under this part may serve under these provisions only so long as the employee continues to be an employee of the department and for up to ninety (90) days after the ward leaves the state facility.
Acts 1983, ch. 323, § 4; T.C.A., §§ 33-332, 33-3-903; Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 4 - SPECIAL RULES FOR RESIDENTIAL SERVICE RECIPIENTS (§§ 33-4-101 — 33-4-210) › Part 2 - EMPLOYEES AS GUARDIANS AND CONSERVATORS IN STATE FACILITIES (§§ 33-4-201 — 33-4-210) › Section 33-4-205 - Funds received by guardian or conservator

All funds received by a legal guardian or conservator appointed under this part shall be handled as state funds, be accountable as all other state funds, and be audited annually by the state. All earnings on the funds shall inure to the benefit of the ward. The department shall file a copy of the annual audit with the appointing court.
Acts 1983, ch. 323, § 4; T.C.A., §§ 33-333, 33-3-904(a); Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 4 - SPECIAL RULES FOR RESIDENTIAL SERVICE RECIPIENTS (§§ 33-4-101 — 33-4-210) › Part 2 - EMPLOYEES AS GUARDIANS AND CONSERVATORS IN STATE FACILITIES (§§ 33-4-201 — 33-4-210) › Section 33-4-206 - Other assets received by guardian or conservator

All other assets received by a legal guardian or conservator appointed under this part shall be handled as state property, except that the legal guardian or conservator may dispose of the assets in the exercise of the appointment free of laws governing the disposition of state property and shall keep a record of the disposition of all the property and the reason for the disposition.
Acts 1983, ch. 323, § 4; T.C.A., §§ 33-333, 33-3-904(b); Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 4 - SPECIAL RULES FOR RESIDENTIAL SERVICE RECIPIENTS (§§ 33-4-101 — 33-4-210) › Part 2 - EMPLOYEES AS GUARDIANS AND CONSERVATORS IN STATE FACILITIES (§§ 33-4-201 — 33-4-210) › Section 33-4-207 - Disposition of assets after termination of guardianship or conservatorship

Upon termination of the guardianship or conservatorship, all assets remaining in the estate shall be paid to the ward or to the ward's legal representative.
Acts 1983, ch. 323, § 4; T.C.A., §§ 33-333, 33-3-904(c); Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 4 - SPECIAL RULES FOR RESIDENTIAL SERVICE RECIPIENTS (§§ 33-4-101 — 33-4-210) › Part 2 - EMPLOYEES AS GUARDIANS AND CONSERVATORS IN STATE FACILITIES (§§ 33-4-201 — 33-4-210) › Section 33-4-208 - Annual report

An employee serving as legal guardian or conservator shall file the annual report required by title 34 with the appointing court on a form approved by the commissioner.
Acts 1983, ch. 323, § 4; T.C.A., §§ 33-334, 33-3-905; Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 4 - SPECIAL RULES FOR RESIDENTIAL SERVICE RECIPIENTS (§§ 33-4-101 — 33-4-210) › Part 2 - EMPLOYEES AS GUARDIANS AND CONSERVATORS IN STATE FACILITIES (§§ 33-4-201 — 33-4-210) › Section 33-4-209 - Designation of trustees for patients or residents - Audit

(a)
The commissioner may designate employees of the department to serve as trustees for service recipients if the terms of the trust have been approved in writing by the commissioner and the attorney general and reporter.
(b)
All assets, funds, and other property held as a part of the corpus of trust and income from the trust shall be audited annually by the state.
Acts 1983, ch. 323, § 4; T.C.A., §§ 33-335, 33-3-906; Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 4 - SPECIAL RULES FOR RESIDENTIAL SERVICE RECIPIENTS (§§ 33-4-101 — 33-4-210) › Part 2 - EMPLOYEES AS GUARDIANS AND CONSERVATORS IN STATE FACILITIES (§§ 33-4-201 — 33-4-210) › Section 33-4-210 - Coercion of guardian, conservator or trustee - Penalty

An employee who attempts to coerce a legal guardian, conservator, or trustee serving under this part to take any particular action as legal guardian, conservator, or trustee shall be dismissed.
Acts 1983, ch. 323, § 4; T.C.A, §§ 33-337; 33-3-908; Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 5 - INTELLECTUAL AND DEVELOPMENTAL DISABILITIES SERVICES (§§ 33-5-101 — 33-5-602) › Part 1 - SERVICE SYSTEM (§§ 33-5-101 — 33-5-112) › Section 33-5-101 - [Repealed]

Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024.
Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 5 - INTELLECTUAL AND DEVELOPMENTAL DISABILITIES SERVICES (§§ 33-5-101 — 33-5-602) › Part 1 - SERVICE SYSTEM (§§ 33-5-101 — 33-5-112) › Section 33-5-102 - [Repealed]

Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024.
Acts 2000, ch. 947, § 1; 2010 , ch. 734, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 5 - INTELLECTUAL AND DEVELOPMENTAL DISABILITIES SERVICES (§§ 33-5-101 — 33-5-602) › Part 1 - SERVICE SYSTEM (§§ 33-5-101 — 33-5-112) › Section 33-5-103 - [Repealed]

Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024.
Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 5 - INTELLECTUAL AND DEVELOPMENTAL DISABILITIES SERVICES (§§ 33-5-101 — 33-5-602) › Part 1 - SERVICE SYSTEM (§§ 33-5-101 — 33-5-112) › Section 33-5-104 - [Repealed]

Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024.
Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 5 - INTELLECTUAL AND DEVELOPMENTAL DISABILITIES SERVICES (§§ 33-5-101 — 33-5-602) › Part 1 - SERVICE SYSTEM (§§ 33-5-101 — 33-5-112) › Section 33-5-105 - [Repealed]

Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024.
Acts 2000, ch. 947, § 1; 2010 , ch. 734, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 5 - INTELLECTUAL AND DEVELOPMENTAL DISABILITIES SERVICES (§§ 33-5-101 — 33-5-602) › Part 1 - SERVICE SYSTEM (§§ 33-5-101 — 33-5-112) › Section 33-5-106 - [Repealed]

Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024.
Acts 1975, ch. 248, § 13; 1983, ch. 323, § 10; T.C.A., § 33-501; Acts 1984, ch. 922, § 8; 1988, ch. 828, § 2; 1993, ch. 283, § 1; 1995, ch. 468, § 1; T.C.A., §
33-5-101(a)
; Acts 2000, ch. 947, § 1; 2002, ch. 730, § 25.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 5 - INTELLECTUAL AND DEVELOPMENTAL DISABILITIES SERVICES (§§ 33-5-101 — 33-5-602) › Part 1 - SERVICE SYSTEM (§§ 33-5-101 — 33-5-112) › Section 33-5-107 - [Repealed]

Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024.
Acts 1975, ch. 248, § 13; 1983, ch. 323, § 10; T.C.A., § 33-501; Acts 1984, ch. 922, § 8; 1988, ch. 828, § 2; 1993, ch. 283, § 1; 1995, ch. 468, § 1; T.C.A., §
33-5-101(b)(4)
; Acts 2000, ch. 947, § 1.