reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 5 - DEPARTMENT OF CHILDREN'S SERVICES (§§ 37-5-101 — 37-5-608) › Part 5 - CHILD CARE AGENCIES (§§ 37-5-501 — 37-5-523) › Section 37-5-522 - Procedures for children not subject to the Interstate Compact on the Placement of Children

(a)
Within seventy-two (72) hours of beginning to provide care for a child who was transported across state lines to enter the agency's care and whose transport across state lines was not subject to the Interstate Compact for Juveniles, compiled in chapter 4, part 1 of this title or the Interstate Compact on the Placement of Children, compiled in chapter 4, part 2 of this title, a nontraditional child care agency shall:
(1)
Prepare a file containing minimal identification requirements of the child. The file must contain, at a minimum, the child's:
(A)
Name;
(B)
Sex;
(C)
Height and weight;
(D)
Verifiable identifiers, if any;
(E)
Fingerprint sample;
(F)
Dental record or copy of the child's birth certificate;
(G)
Immunization record;
(H)
Photograph; and
(I)
List of relatives, if known, and their contact information; and
(2)
Submit a copy of the file to the department in a form deemed appropriate by the department by rule.
(b)
At least ten (10) business days prior to the transport of a child as described in subsection (a) from the care of the agency to the care of an individual or entity, the nontraditional child care agency shall:
(1)
Notify the department that the child will be transported; and
(2)
Provide the department with identifying information as deemed appropriate by the department by rule.
(c)
The department shall maintain the information described in subsections (a) and (b) in a database. The department shall provide access to the database to law enforcement and other individuals and entities as deemed appropriate by the department by rule and in accordance with all applicable law.
(d)
If the department determines that a nontraditional child care agency has violated subsection (a) or (b), then the department may revoke the agency's license in accordance with this part.
Added by 2022 Tenn. Acts, ch. 1126, s 6, eff. 7/1/2022.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 5 - DEPARTMENT OF CHILDREN'S SERVICES (§§ 37-5-101 — 37-5-608) › Part 5 - CHILD CARE AGENCIES (§§ 37-5-501 — 37-5-523) › Section 37-5-523 - Information sharing with state board of education

The department shall notify the state board of education within three (3) business days of issuance of a license to a facility that intends to provide care, or provides care, to children who are transported across state lines to enter the facility's care and whose transport across state lines is not subject to the Interstate Compact for Juveniles, compiled in chapter 4, part 1 of this title or the Interstate Compact on the Placement of Children, compiled in chapter 4, part 2 of this title.
Added by 2022 Tenn. Acts, ch. 1126, s 6, eff. 7/1/2022.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 5 - DEPARTMENT OF CHILDREN'S SERVICES (§§ 37-5-101 — 37-5-608) › Part 6 - MULTI-LEVEL RESPONSE SYSTEM FOR CHILDREN AND FAMILIES (§§ 37-5-601 — 37-5-608) › Section 37-5-601 - Part definitions

As used in this part, unless the context requires otherwise:
(1)
"Family" means the members of a household living, on a full-time or a part-time basis, in one (1) house, condominium, apartment or other dwelling; people related by blood or ancestry, marriage, or adoption; any person who is holding out to the public as being a family member of a minor; foster parents and foster children; stepparents and stepchildren; and any other group that the department determines by policy or rule to constitute a family for purposes of this part; and
(2)
"Maltreatment" means abuse as defined in §
37-1-102
, or child sexual abuse as defined in §
37-1-602
.
Acts 2005, ch. 391, § 2.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 5 - DEPARTMENT OF CHILDREN'S SERVICES (§§ 37-5-101 — 37-5-608) › Part 6 - MULTI-LEVEL RESPONSE SYSTEM FOR CHILDREN AND FAMILIES (§§ 37-5-601 — 37-5-608) › Section 37-5-602 - Purposes

(a)
The purposes of this part are to safeguard and enhance the welfare of children and to preserve family life, by preventing harm and sexual abuse to children and by strengthening the ability of families to parent their children effectively through a multi-level response system using available community-based public and private services. It is intended that the department perform its function under this part pursuant to the belief that families can change the circumstances associated with the level of risk to a child, when they are provided with intensive and comprehensive services tailored to their strengths and needs. The department's fundamental assumptions shall be that most children are better off with their own families than in substitute care, and that separation has detrimental effects on both parents and children. Whenever possible, preservation of the family should serve as the framework for services, but, in any case, the best interests of the child shall be paramount.
(b)
The further purpose of this part is to authorize and require the department to develop a demonstration program to carry out the purposes stated in subsection (a). A specific objective of the demonstration program is to reduce the incidence of children who are subjected to maltreatment. Until the program is in effect statewide, this part shall be in effect only in the areas in which the demonstration program is established.
Acts 2005, ch. 391, § 3.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 5 - DEPARTMENT OF CHILDREN'S SERVICES (§§ 37-5-101 — 37-5-608) › Part 6 - MULTI-LEVEL RESPONSE SYSTEM FOR CHILDREN AND FAMILIES (§§ 37-5-601 — 37-5-608) › Section 37-5-606 - Training and information

Before the demonstration program is instituted in an area, the department shall assure that all personnel in the program in that area are thoroughly trained in matters relating to their role in the program, utilizing, to the extent possible, existing training resources for each profession. The training shall include information on the culturally diverse community, including, but not limited to, religious, dietary, and education requirements of families affected by this part. At a minimum, training should be provided to all departmental personnel involved in the demonstration project, including case managers. In addition, the department shall offer training to community-based service providers, attorneys, prosecutors, guardians ad litem, judges, and law enforcement personnel. Informational materials concerning the demonstration program should be prepared for families and their attorneys.
Acts 2005, ch. 391, § 7.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 5 - DEPARTMENT OF CHILDREN'S SERVICES (§§ 37-5-101 — 37-5-608) › Part 6 - MULTI-LEVEL RESPONSE SYSTEM FOR CHILDREN AND FAMILIES (§§ 37-5-601 — 37-5-608) › Section 37-5-607 - Independent local advisory board

In each county in which the multi-level response system is implemented, the department shall facilitate the formation of an independent local advisory board, which shall not be a part of the department, and which shall be composed of appropriate community representatives, including representatives from families in the community, local public agencies, including schools, health departments and other health care providers, juvenile court, and law enforcement officials, and other available community-based resources. Each local advisory board shall recommend ways to bring together the department, families, and available resource providers within that community and shall assist with the development of community-based resources that may be needed by families. The local advisory board may review individual cases, in its discretion, to the extent that such review may be done without jeopardizing the confidentiality of the records or the confidentiality obligations of those who provided the information. The department shall collaborate with the local advisory board and the community to identify or develop local formal and informal services for children and families.
Acts 2005, ch. 391, § 8; 2010, ch. 692, § 1.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 5 - DEPARTMENT OF CHILDREN'S SERVICES (§§ 37-5-101 — 37-5-608) › Part 6 - MULTI-LEVEL RESPONSE SYSTEM FOR CHILDREN AND FAMILIES (§§ 37-5-601 — 37-5-608) › Section 37-5-608 - Rules and regulations

The commissioner is authorized to promulgate rules and regulations to effectuate the purposes of this part. All such rules and regulations shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 2005, ch. 391, § 9.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 6 - TENNESSEE FOSTER AND ADOPTIVE PARENT PROTECTION ACT (§§ 37-6-101 — 37-6-103) › Section 37-6-101

This chapter is known and may be cited as the "Tennessee Foster and Adoptive Parent Protection Act."
Added by 2024 Tenn. Acts, ch. 677,s 1, eff. 7/1/2024.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 6 - TENNESSEE FOSTER AND ADOPTIVE PARENT PROTECTION ACT (§§ 37-6-101 — 37-6-103) › Section 37-6-102

(a)
The department of children's services shall not require a current or prospective adoptive or foster parent ("parent") to affirm, accept, or support any government policy regarding sexual orientation or gender identity that conflicts with the parent's sincerely held religious or moral beliefs.
(b)
The department shall not deny a parent's eligibility to foster or adopt based, in whole or in part, upon the parent's sincerely held religious or moral beliefs regarding sexual orientation or gender identity.
(c)
The department shall not establish or enforce a standard, rule, or policy that precludes consideration of a parent for a placement based, in whole or in part, upon the parent's sincerely held religious or moral beliefs regarding sexual orientation or gender identity. Such beliefs do not create a presumption that any particular placement is contrary to the best interest of the child.
Added by 2024 Tenn. Acts, ch. 677,s 1, eff. 7/1/2024.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 6 - TENNESSEE FOSTER AND ADOPTIVE PARENT PROTECTION ACT (§§ 37-6-101 — 37-6-103) › Section 37-6-103

(a)
This chapter does not preclude the department from considering the religious or moral beliefs of an adoptive or foster child or the child's family of origin, including in relation to the religious or moral beliefs of a prospective adoptive or foster parent, when determining the most appropriate placement for that child.
(b)
This chapter must be read in harmony with the duty of the department to make placements consistent with the best interests of the child, pursuant to chapter 2 of this title.
Added by 2024 Tenn. Acts, ch. 677,s 1, eff. 7/1/2024.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 10 - MISCELLANEOUS PROVISIONS (§§ 37-10-101 — 37-10-502) › Part 1 - LIABILITY OF PARENT OR GUARDIAN FOR ACTS OF JUVENILES (§§ 37-10-101 — 37-10-103) › Section 37-10-101 - Recovery for injury or damage by juvenile

Any municipal corporation, county, town, village, school district or department of this state, or any person, or any religious organization, whether incorporated or unincorporated, shall be entitled to recover damages in an action in assumpsit in an amount not to exceed ten thousand dollars ($10,000) in a court of competent jurisdiction from the parents or guardian of the person of any minor under eighteen (18) years of age, living with the parents or guardian of the person, who maliciously or willfully causes personal injury to such person or destroys property, real, personal or mixed, belonging to such municipal corporation, county, town, village, school district or department of this state or persons or religious organizations.
Acts 1957, ch. 76, § 1; 1969, ch. 170, § 1; 1976, ch. 408, § 1; 1981, ch. 161, § 1; T.C.A., § 37-1001; Acts 1985, ch. 439, § 1.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 10 - MISCELLANEOUS PROVISIONS (§§ 37-10-101 — 37-10-502) › Part 1 - LIABILITY OF PARENT OR GUARDIAN FOR ACTS OF JUVENILES (§§ 37-10-101 — 37-10-103) › Section 37-10-102 - Limitation on amount of recovery

The recovery shall be limited to the actual damages in an amount not to exceed ten thousand dollars ($10,000), in addition to taxable court costs.
Acts 1957, ch. 76, § 2; 1969, ch. 170, § 2; 1976, ch. 408, § 2; 1981, ch. 161, § 2; T.C.A., § 37-1002.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 10 - MISCELLANEOUS PROVISIONS (§§ 37-10-101 — 37-10-502) › Part 1 - LIABILITY OF PARENT OR GUARDIAN FOR ACTS OF JUVENILES (§§ 37-10-101 — 37-10-103) › Section 37-10-103 - Circumstances under which parent or guardian liable

(a)
A parent or guardian shall be liable for the tortious activities of a minor child that cause injuries to persons or property where the parent or guardian knows, or should know, of the child's tendency to commit wrongful acts that can be expected to cause injury to persons or property and where the parent or guardian has an opportunity to control the child but fails to exercise reasonable means to restrain the tortious conduct.
(b)
A parent or guardian shall be presumed to know of a child's tendency to commit wrongful acts, if the child has previously been charged and found responsible for such actions.
Acts 1957, ch. 76, § 3; 1981, ch. 161, § 3; T.C.A., § 37-1003; Acts 1985, ch. 439, § 2.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 10 - MISCELLANEOUS PROVISIONS (§§ 37-10-101 — 37-10-502) › Part 2 - TENNESSEE MISSING CHILDREN RECOVERY ACT (§§ 37-10-201 — 37-10-209) › Section 37-10-201 - Short title - Part definitions

(a)
This part shall be referred to as the "Tennessee Missing Children Recovery Act."
(b)
As used in this part, unless the context otherwise requires:
(1)
"Child" means any person under twenty-one (21) years of age;
(2)
"Missing child" means a child who is believed to have been removed by force, persuasion, trick, enticement, false pretense, has voluntarily left the custody of such child's parent without permission or is absent for unexplained or unknown reasons; and
(3)
"Parent" means a natural or adoptive parent, guardian, or person or organization standing in a loco parentis position by virtue of an order of a court.
Acts 1985, ch. 158, § 1; 2005, ch. 5, § 1.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 10 - MISCELLANEOUS PROVISIONS (§§ 37-10-101 — 37-10-502) › Part 2 - TENNESSEE MISSING CHILDREN RECOVERY ACT (§§ 37-10-201 — 37-10-209) › Section 37-10-202 - Timely report of missing child - Offense of failure to report missing child - Defense - False allegation of failure to report

(a)
Except as provided in subsection (b), whenever a parent knows, learns, or believes that a child under the parent's charge and care is missing, the parent shall report the child as being missing to a law enforcement agency or the Tennessee bureau of investigation.
(b)
Whenever the parent knows, learns, or believes that a minor child under the parent's charge and care is missing, the parent shall make the report under subsection (a) within a reasonable time after determining that the child is missing, but in no event more than twenty-four (24) hours after determining that the child is missing. As used in this section, "minor child" means a person who is twelve (12) years of age or younger.
(c)
(1)
A parent who is subject to the duty imposed by subsection (b) commits the offense of failure to report a missing child if the parent fails to make, or fails to cause to be made, the report required under subsection (b) with intentional or reckless disregard for the safety of the minor child.
(2)
Failure to report a missing child is a Class A misdemeanor.
(d)
This section does not prohibit prosecution under any other law.
(e)
It is a defense to prosecution under this section that the parent made reasonably diligent efforts to verify the whereabouts and safety of the minor child during the period of any delay in making the report required by subsection (b).
(f)
A person who knowingly makes a false allegation against a parent of failure to report a missing child as required by this section, in addition to any other penalties provided for by law, may be prosecuted for the offense of false reports under §
39-16-502
, and the court may order the accuser to pay all litigation expenses, including, but not limited to, reasonable attorney's fees, discretionary costs, and other costs incurred by the wrongly accused party in defending against the false allegation.
Amended by 2021 Tenn. Acts, ch. 107, s 2, eff. 7/1/2021.
Acts 1985, ch. 158, § 2.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 10 - MISCELLANEOUS PROVISIONS (§§ 37-10-101 — 37-10-502) › Part 2 - TENNESSEE MISSING CHILDREN RECOVERY ACT (§§ 37-10-201 — 37-10-209) › Section 37-10-203 - Formal missing child report - Entry of report into NCIC

Every law enforcement officer receiving information from a parent or any source that it deems creditable shall prepare a formal missing child report. A law enforcement agency reporting a missing child is further required to enter or cause to be entered the report of the missing child into the National Crime Information Center (NCIC) within two (2) hours of the receipt of the initial missing child report.
Acts 1985, ch. 158, § 3; 2009, ch. 76, § 1; 2012, ch. 856, § 1.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 10 - MISCELLANEOUS PROVISIONS (§§ 37-10-101 — 37-10-502) › Part 2 - TENNESSEE MISSING CHILDREN RECOVERY ACT (§§ 37-10-201 — 37-10-209) › Section 37-10-204 - Reports to juvenile court judge - Missing child order

(a)
The law enforcement agency taking or making a report of a missing child shall submit its report, together with any additional data reduced to writing in the form of statements or notes, to a judge of the juvenile court within a reasonable time.
(b)
The judge shall review the report and information and determine whether or not there is probable cause to believe the child is a missing child.
(c)
(1)
If a decision of "missing child" is made, a "missing child" order shall be issued and delivered to any lawful officer or the Tennessee bureau of investigation authorizing the bureau or any officer holding the order, a true copy thereof or possessing knowledge of the existence thereof, to investigate the circumstances relating to the missing child in compliance with existing constitutional, statutory and case law and upon identification or location of the missing child to take custody of the child, using legal process when necessary, for immediate delivery to a judge of any juvenile or other court of record for appropriate orders and disposition pursuant to law.
(2)
If probable cause for issuance of a "missing child" order is not found, the judge shall so order and the missing child report should be cancelled by the bureau, which shall give notice of the cancellation to all appropriate law enforcement agencies.
(d)
(1)
If the court issues a "missing child" order pursuant to this section and believes that certain telephone records are necessary to or would be of assistance in locating such child, the court may send a copy of the "missing child" order and a written request for any telephone records the court believes to be pertinent to the missing child who is the subject of the order to any telecommunications service provider as defined in §
65-4-101
. The request shall state with all reasonable specificity the precise telephone records requested and the reason such records are pertinent to locating the missing child.
(2)
Upon receiving such a request, the telecommunications service provider shall, without delay and at no charge, supply the requested telephone records to the juvenile court judge issuing the request.
Acts 1985, ch. 158, § 4; 2004, ch. 627, § 1.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 10 - MISCELLANEOUS PROVISIONS (§§ 37-10-101 — 37-10-502) › Part 2 - TENNESSEE MISSING CHILDREN RECOVERY ACT (§§ 37-10-201 — 37-10-209) › Section 37-10-205 - Forms - File of missing children - Monthly reports of missing children - Dissemination of information

The Tennessee bureau of investigation shall specify a uniform form for the missing child report and data, so that the same may be transmitted by computer or mail. The bureau shall also establish, maintain and manage a file of "missing children" and collect any available relevant data concerning the missing child and disseminate the same by computer, mail or any other reliable communication device to any law enforcement agency. The bureau shall publish a monthly report of all missing children and recovery of children and distribute the same to all full-time law enforcement agencies in the state, the general assembly and executive branches of government, to the news media, and to every director of schools in the state, who shall then distribute the report to the principal of every school within such director's school system. Whenever possible, this report shall contain the photographs of the missing children. The bureau is authorized to transmit information on missing children to the federal bureau of investigation or any other state maintaining missing children files and may conform its reports to any federal agency reports so as to facilitate the automated exchange of information.
Acts 1985, ch. 158, § 5; 1987, ch. 136, § 1.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 10 - MISCELLANEOUS PROVISIONS (§§ 37-10-101 — 37-10-502) › Part 2 - TENNESSEE MISSING CHILDREN RECOVERY ACT (§§ 37-10-201 — 37-10-209) › Section 37-10-206 - Child fingerprint cards

Parents are authorized to have official fingerprint cards made for their children by taking their children to any law enforcement office or by having the same made by any private or public agency upon signing an authorization therefor. The Tennessee bureau of investigation shall deliver appropriate blank child fingerprint cards to law enforcement offices or private agencies upon request without cost. Whenever any child is fingerprinted as authorized in this section, the card shall be delivered to the Tennessee bureau of investigation or the parent as specified by the parent in the authorization form. The bureau shall not be required to accept any nonstandard child fingerprint card.
Acts 1985, ch. 158, § 6.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 10 - MISCELLANEOUS PROVISIONS (§§ 37-10-101 — 37-10-502) › Part 2 - TENNESSEE MISSING CHILDREN RECOVERY ACT (§§ 37-10-201 — 37-10-209) › Section 37-10-207 - Children's fingerprint card file

The Tennessee bureau of investigation shall maintain a separate fingerprint card file for "Children", which shall consist of the "children" fingerprint cards submitted to it pursuant to §
37-10-206
, together with any latent prints believed to be children's prints that have been submitted to it for purposes of identifying missing children. Once each year the bureau shall remove and return to the parent or destroy all fingerprint cards from the children's fingerprint file for children who have become eighteen (18) years of age, unless the child has been reported missing or the child requests in writing that such child's fingerprint remain in the file. Also, the bureau shall destroy any child's fingerprint card upon written request of the parent. The bureau is also authorized to receive "children" fingerprint cards or copies thereof from the federal bureau of investigation when the prints may have been sent directly to the bureau without having also been sent to the Tennessee bureau of investigation as herein provided. The bureau shall not file any of the children's fingerprints authorized herein in any other fingerprint card file. The bureau shall only search the children's fingerprint card file for the purpose of trying to locate or identify children who have been reported as missing children, and the file shall never be searched for the purpose of identifying a child as having committed a crime unless the parent so requests in writing.
Acts 1985, ch. 158, § 7.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 10 - MISCELLANEOUS PROVISIONS (§§ 37-10-101 — 37-10-502) › Part 2 - TENNESSEE MISSING CHILDREN RECOVERY ACT (§§ 37-10-201 — 37-10-209) › Section 37-10-208 - Impact upon interstate compact on juveniles

The provisions of §§
37-10-201
- 37-10-207 are not intended to modify any of the provisions of chapter 4 of this title relating to the Interstate Compact on Juveniles, but the documents herein authorized may be used in aid of proceedings under that chapter.
Acts 1985, ch. 158, § 7.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 10 - MISCELLANEOUS PROVISIONS (§§ 37-10-101 — 37-10-502) › Part 2 - TENNESSEE MISSING CHILDREN RECOVERY ACT (§§ 37-10-201 — 37-10-209) › Section 37-10-209 - Distribution of materials concerning missing children - Solicitation of contributions

(a)
No organization shall solicit contributions for the purpose of distributing materials containing information relating to missing children unless it complies with all of the following requirements:
(1)
Such organization has been incorporated under title 48, chapters 51-68, or the nonprofit corporation law of another state prior to the time of the solicitation of contributions, or such organization is an unincorporated charitable association, trust, society, or other group; and
(2)
It has been exempt from federal income taxation under
26 U.S.C. § 501(a)
and described in
26 U.S.C. § 501(c)(3)
,
501(c)(4)
,
501(c)(8)
,
501(c)(10)
or
501(c)(19)
as now or hereafter amended, prior to the time of the solicitation of contributions.
(b)
No organization that solicits contributions for the purpose of distributing materials containing information relating to missing children shall expressly state or imply in any way that it is affiliated with, or is soliciting contributions on behalf of, an organization established to assist in the location of missing children without the express written consent of that organization.
(c)
Whoever violates subsection (a) or (b) is guilty of improper solicitation of contributions for missing children, which shall be punishable as a Class A misdemeanor.
(d)
"Missing children" or "missing child" means a minor child who has run away from or who is otherwise missing from the home of, or the care, custody and control of, such child's parents, custodial parent, guardian, legal guardian, or other person having responsibility for the minor.
(e)
Nothing in this section shall be construed as exempting any person or organization from the requirements of the Solicitation of Charitable Funds Act, compiled in title 48, chapter 101, part 5.
Acts 1986, ch. 759, § 1; 1989, ch. 591, §§ 1, 6.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 10 - MISCELLANEOUS PROVISIONS (§§ 37-10-101 — 37-10-502) › Part 3 - PARENTAL CONSENT FOR ABORTIONS BY MINORS (§§ 37-10-301 — 37-10-308) › Section 37-10-301 - Legislative intent and findings

(a)
It is the intent of the general assembly in enacting this parental consent provision to further the important and compelling state interests of:
(1)
Protecting minors against their own immaturity;
(2)
Fostering the family structure and preserving it as a viable social unit; and
(3)
Protecting the rights of parents to rear children who are members of their household.
(b)
The general assembly finds as fact that:
(1)
Immature minors often lack the ability to make fully informed choices that take into account of both immediate and long-range consequences;
(2)
The medical, emotional, and psychological consequences of abortion are serious and can be lasting, particularly when the patient is immature;
(3)
The capacity to become pregnant and the capacity for mature judgment concerning the wisdom of an abortion are not necessarily related;
(4)
Parents ordinarily possess information essential to a physician's exercise of the physician's best medical judgment concerning the child; and
(5)
Parents who are aware that their minor daughter has had an abortion may better ensure that their daughter receives adequate medical attention after the abortion.
(c)
The general assembly further finds that parental consultation is usually desirable and in the best interests of the minor.
Acts 1988, ch. 929, § 1.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 10 - MISCELLANEOUS PROVISIONS (§§ 37-10-101 — 37-10-502) › Part 3 - PARENTAL CONSENT FOR ABORTIONS BY MINORS (§§ 37-10-301 — 37-10-308) › Section 37-10-302 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Abortion" means the use of any instrument, medicine, drug, or any other substance or device with intent to terminate the pregnancy of a woman known to be pregnant with intent other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead fetus;
(2)
"Emancipated minor" means any minor who is or has been married or has by court order or otherwise been freed from the care, custody and control of the minor's parents; and
(3)
"Minor" means any person under eighteen (18) years of age.
Acts 1988, ch. 929, § 2.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 10 - MISCELLANEOUS PROVISIONS (§§ 37-10-101 — 37-10-502) › Part 3 - PARENTAL CONSENT FOR ABORTIONS BY MINORS (§§ 37-10-301 — 37-10-308) › Section 37-10-303 - Written consent required - Petition for waiver

(a)
(1)
No person shall perform an abortion on an unemancipated minor unless such person or such person's agent first obtains the written consent of one (1) parent or the legal guardian of the minor. The consent shall be signed. The person shall obtain some written documentation, other than the written consent itself, that purports to establish the relationship of the parent or guardian to the minor and the documentation, along with the signed consent, shall be retained by the person for a period of at least one (1) year. Failure of the person performing the abortion to obtain or retain the documentation and consent is a Class B misdemeanor, punishable only by a fine, unless the failure of the person performing the abortion to retain the required documentation was due to a bona fide, imminent medical emergency to the minor, in which case there is no violation.
(2)
A person commits a Class A misdemeanor who impersonates the parent or legal guardian of an unemancipated minor for the purpose of circumventing the requirements of subdivision (a)(1).
(b)
If neither a parent nor a legal guardian is available to the person performing the abortion or such person's agent, or the party from whom consent must be obtained pursuant to this section refuses to consent to the performance of an abortion, or the minor elects not to seek consent of the parent or legal guardian whose consent is required, then the minor may petition, on the minor's own behalf, or by next friend, the juvenile court of any county of this state for a waiver of the consent requirement of this section, pursuant to the procedures of §
37-10-304
.
(c)
If a criminal charge of incest is pending against a parent of such minor pursuant to §
39-15-302
, the written consent of such parent, as provided for in subdivision (a)(1), is not required.
Acts 1988, ch. 929, § 3; 1995, ch. 458, § 3; 2006, ch. 932, §§ 1, 3.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 10 - MISCELLANEOUS PROVISIONS (§§ 37-10-101 — 37-10-502) › Part 3 - PARENTAL CONSENT FOR ABORTIONS BY MINORS (§§ 37-10-301 — 37-10-308) › Section 37-10-305 - Medical emergencies

The requirements of §
37-10-303
shall not apply when, in the best medical judgment of the physician based on the facts of the case before the physician, a medical emergency exists that so complicates the pregnancy as to require an immediate abortion.
Acts 1988, ch. 929, § 5.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 10 - MISCELLANEOUS PROVISIONS (§§ 37-10-101 — 37-10-502) › Part 3 - PARENTAL CONSENT FOR ABORTIONS BY MINORS (§§ 37-10-301 — 37-10-308) › Section 37-10-306 - Violations

Any person who intentionally performs an abortion with knowledge that, or with reckless disregard as to whether the person upon whom the abortion is to be performed is an unemancipated minor, and who intentionally or knowingly fails to conform to any requirement of this part, commits a Class A misdemeanor.
Acts 1988, ch. 929, § 6; 1989, ch. 591, §§ 1, 6.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 10 - MISCELLANEOUS PROVISIONS (§§ 37-10-101 — 37-10-502) › Part 3 - PARENTAL CONSENT FOR ABORTIONS BY MINORS (§§ 37-10-301 — 37-10-308) › Section 37-10-307 - Civil actions

(a)
Failure to obtain consent pursuant to the requirements of this part is prima facie evidence of failure to obtain informed consent and of interference with family relations in appropriate civil actions. The law of this state shall not be construed to preclude the award of exemplary damages in any appropriate civil action relevant to violations of this part. Nothing in this part shall be construed to limit the common law rights of parents.
(b)
In addition to the action provided for in subsection (a), a person or entity that fails to comply with the notice requirements of §
39-15-202(a)(2)
[See Compiler's Notes] shall be subject to the penalties and action provided for in §
39-15-202(a)(3)
[See Compiler's Notes].
Acts 1988, ch. 929, § 7; 2010, ch. 790, § 3.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 10 - MISCELLANEOUS PROVISIONS (§§ 37-10-101 — 37-10-502) › Part 3 - PARENTAL CONSENT FOR ABORTIONS BY MINORS (§§ 37-10-301 — 37-10-308) › Section 37-10-308 - Severability

If any one (1) or more provision, section, subsection, sentence, clause, phrase or word of this part or the application thereof to any person or circumstance is found to be unconstitutional, the same is declared to be severable and the balance of this part shall remain effective notwithstanding the unconstitutionality. The legislature declares that it would have passed this part, and each provision, section, subsection, sentence, clause, phrase or word thereof, irrespective of the fact that any one (1) or more provision, section, subsection, sentence, clause, phrase or word be declared unconstitutional.
Acts 2006, ch. 932, § 2.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 10 - MISCELLANEOUS PROVISIONS (§§ 37-10-101 — 37-10-502) › Part 4 - CHILDHOOD IMMUNIZATIONS (§§ 37-10-401 — 37-10-403) › Section 37-10-401 - Responsibility of parents to have children immunized - Specific vaccines - Immunization registry

(a)
It is the responsibility of each parent or legal guardian to ensure that such person's child or children receive the vaccines as are recommended by guidelines of the Center for Disease Control or the American Academy of Pediatrics to be administered to a child. The parent or legal guardian is encouraged to obtain the recommended immunizations within the first two (2) years of the child's life. Such vaccines include, without limitation, the following specific vaccines:
(1)
Diphtheria-tetanus-pertussis (DTP);
(2)
Polio: oral polio vaccine (OPV) or inactivated polio vaccine (IPV);
(3)
Measles-mumps-rubella (MMR);
(4)
Haemophilus influenzae type b conjugate vaccines (Hib);
(5)
Hepatitis B vaccine (Hep B);
(6)
Pneumoccocal vaccine, when medically indicated;
(7)
Influenza vaccine, when medically indicated; and
(8)
Varicella, when available.
(b)
Subject to availability of funding for such purpose, the department of health is authorized to provide free vaccine, through the first twenty-four (24) months of life, for Tennessee children born after January 1, 1996. If an administration fee is charged by a health provider receiving this vaccine, such fee may not exceed the administration fee established by the health care financing administration under the Vaccines for Children Program established in the Omnibus Budget Reconciliation Act of 1993. No immunization may be withheld due to a family's inability to pay the fee.
(c)
The department shall establish and maintain an immunization registry for children. By January 1, 1996, the department shall incrementally require all local public health departments to report, in a designated format, the record of each immunization given. Other health care providers or any third party payor or health insurance entity regulated by the department of commerce and insurance doing business in Tennessee, or any entity that has elected, organized and qualified as a self-insured entity may likewise report such records. Information from the registry shall be available to parents and legal guardians; health care providers; any third party payor or health insurance entity regulated by the department of commerce and insurance doing business in Tennessee; any entity that has elected, organized and qualified as a self-insured entity; and schools, child care facilities, and other institutions having care or custody of children.
(d)
The commissioner of health shall report to the members of the health committee of the house of representatives, and the health and welfare committee of the senate, by March 1 of each year, on the immunization rates in each county and improvements or changes made during the preceding year.
Amended by 2013 Tenn. Acts, ch. 236,s 54, eff. 4/19/2013.
Acts 1993, ch. 377, § 1; 1995, ch. 537, §§ 1, 2; 2003, ch. 40, § 2; 2011, ch. 410, § 3(bb).
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 10 - MISCELLANEOUS PROVISIONS (§§ 37-10-101 — 37-10-502) › Part 4 - CHILDHOOD IMMUNIZATIONS (§§ 37-10-401 — 37-10-403) › Section 37-10-402 - Conflict with religious tenets and practices of parent

In the absence of an epidemic or immediate threat thereof, this section does not apply to any child whose parent or guardian files with proper authorities a signed, written statement that such immunization and other preventative measures conflict with the religious tenets and practices of the parent or guardian affirmed under penalties of perjury.
Acts 1993, ch. 377, § 1.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 10 - MISCELLANEOUS PROVISIONS (§§ 37-10-101 — 37-10-502) › Part 4 - CHILDHOOD IMMUNIZATIONS (§§ 37-10-401 — 37-10-403) › Section 37-10-403 - Immunity from criminal and civil liability

No parent or legal guardian shall be criminally prosecuted nor civilly liable for failure to comply with the provisions of this part.
Acts 1993, ch. 377, § 2.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 10 - MISCELLANEOUS PROVISIONS (§§ 37-10-101 — 37-10-502) › Part 5 - INFORMATION ON CHILD ABUSE PREVENTION (§§ 37-10-501 — 37-10-502) › Section 37-10-501 - Promotion of parental help line for prevention of child abuse

In an effort to inform the citizens of Tennessee of a free resource for families and reduce instances of child abuse, the following measures shall be performed. All public transportation buses within the state of Tennessee are urged to promote the existence of a parental help line organized by the nonprofit organization Prevent Child Abuse Tennessee and the telephone numbers for such organization, 1-800-356-6767 and 1-800-CHILDREN, as space allows in interior advertising. The department of education shall require all local education agencies to distribute information on the help line, including the telephone number, to students and the students' parents. The department of human services shall also require any licensed child care facility to distribute information on the help line, including the telephone number, to children who attend the facility and the children's parents. This section shall assist children, parents, teachers and child care workers in providing the information and support necessary for the positive development of children through a currently existing, and free to the public, resource.
Acts 2010, ch. 1105, § 1.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 10 - MISCELLANEOUS PROVISIONS (§§ 37-10-101 — 37-10-502) › Part 5 - INFORMATION ON CHILD ABUSE PREVENTION (§§ 37-10-501 — 37-10-502) › Section 37-10-502 - Recommendations on resources and services for persons 18 to 24 years of age who have been victims of child sex trafficking

(a)
The department of children's services and the department of human services shall collaborate to provide recommendations to the general assembly on resources and services specific to persons who are eighteen (18) to twenty-four (24) years of age and who have been victims of child sex trafficking. The recommendations must identify existing services and supports, and must identify and address potential benefit gaps to persons who are victims of child sex trafficking.
(b)
The departments may consult with private and nonprofit community partners that have knowledge of the specified population, and the partners may assist in the recommendations.
(c)
Recommendations must be submitted to the judiciary committee of the senate and civil justice committee of the house of representatives by March 1, 2023.
Added by 2022 Tenn. Acts, ch. 983,s 1, eff. 5/3/2022.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 11 - JUVENILE OFFENDER SURCHARGES (§§ 37-11-101 — 37-11-103) › Section 37-11-101 - Legislative findings and intent

The general assembly hereby finds, determines, and declares that the commission of violent crimes by juveniles exacts an unacceptable toll on the fiscal resources of both state and local governments and thereby increases the financial burden upon the taxpayers of this state. It is the intent of the general assembly in enacting this chapter to require, as much as possible, that juveniles convicted as adults of violent crimes pay for the cost of the rehabilitation, education, and treatment of juveniles sentenced to the youthful offender system or committed to the department of correction.
Acts 1994, ch. 984, § 1.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 11 - JUVENILE OFFENDER SURCHARGES (§§ 37-11-101 — 37-11-103) › Section 37-11-102 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Convicted" and "conviction" means a plea of guilty or a verdict of guilty by a judge or jury, and includes a plea of no contest accepted by the court;
(2)
"Juvenile" means a person under eighteen (18) years of age; and
(3)
"Violent crime" means a felony enumerated as a violent crime under §
40-35-118
or a felony involving a weapon or firearm.
Acts 1994, ch. 984, § 1.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 11 - JUVENILE OFFENDER SURCHARGES (§§ 37-11-101 — 37-11-103) › Section 37-11-103 - Disposition of juvenile fines - Youthful offender system fund

(a)
Each juvenile who is convicted as an adult of a violent crime shall be required to pay any fine imposed by the court to the clerk of such court, who shall allocate the fine as follows:
(1)
Five percent (5%) shall be retained by the clerk for administrative costs incurred pursuant to this section. Such amount retained shall be transmitted to the state treasurer, who shall credit the same to the general fund, and such amount shall be subject to appropriation by the general assembly for the costs of such administration;
(2)
Ninety-five percent (95%) shall be transferred to the state treasurer who shall credit the same to the youthful offender system fund created pursuant to subsection (b).
(b)
There is hereby created in the state treasury a youthful offender system fund, which shall consist of moneys received by the state treasurer pursuant to subdivision (a)(2). In accordance with §
8-22-118
, all interest derived from the deposit and investment of this fund shall be credited to the general fund. Any moneys not appropriated by the general assembly shall remain in the youthful offender system fund and shall not be transferred or revert to the general fund of the state at the end of any fiscal year. All moneys in the fund shall be subject to annual appropriation by the general assembly to the division of youth services in the department of correction to cover the direct and indirect costs associated with the rehabilitation, education, and treatment of juvenile offenders committed to the department.
Acts 1994, ch. 984, § 1.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 1 - MISCELLANEOUS PROVISIONS (§§ 38-1-101 — 38-1-903) › Part 1 - EVIDENCE OF CRIMES (§§ 38-1-101 — 38-1-106) › Section 38-1-102 - Removing or disturbing body or other articles at scene of death unlawful

It is unlawful for any person to touch, disturb, move or remove the body, clothing, personal effects, or weapons of, at or near any person who has died or reasonably appears to have died from wounds or injuries inflicted by means of a knife, pistol, gun, or other deadly weapon, or by other means of violence, drowning, suffocation, poison, or hanging, until the immediate notification and arrival on the death scene or place where such body is found, of the chief of police, or the chief of police's lawful representative, if the body is found in an incorporated town or city, or of the sheriff or the sheriff's lawful representative, if the body is found in the county outside the corporate limits of any incorporated town or city or of the district attorney general or a member of the district attorney general's staff of the judicial district in which such body is found.
Acts 1943, ch. 107, § 2; mod. C. Supp. 1950, § 5717.33 (Williams, § 5717.36); T.C.A. (orig. ed.), § 38-602.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 1 - MISCELLANEOUS PROVISIONS (§§ 38-1-101 — 38-1-903) › Part 1 - EVIDENCE OF CRIMES (§§ 38-1-101 — 38-1-106) › Section 38-1-103 - Violation of sections 38-1-101 and 38-1-102

(a)
Any person who knowingly fails to make the report required by §
38-1-101
within twenty-four (24) hours of tendering aid for any wound or injury as described in §
38-1-101
commits a Class A misdemeanor.
(b)
Any person in violation of §
38-1-102
commits a Class A misdemeanor.
Acts 1943, ch. 107, § 3; C. Supp. 1950, § 5717.34 (Williams, § 5717.37); T.C.A. (orig. ed.), § 38-603; Acts 1989, ch. 591, §§ 1, 6; 2012, ch. 688, § 3.