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 1 - GENERAL PROVISIONS (§§ 37-5-101 — 37-5-137) › Section 37-5-115 - Review

The department shall be reviewed pursuant to the requirements set out in the Tennessee Governmental Entity Review Law, compiled in title 4, chapter 29. Further, the department shall respond to requests for information from any other legislative committees including, but not limited to, the fiscal review committee, the health and welfare committee of the senate, the health committee of the house of representatives, and the government operations committees of the senate and house of representatives, to ensure that thorough review and oversight of the department is accomplished.
Amended by 2013 Tenn. Acts, ch. 236,s 53, eff. 4/19/2013.
Acts 1996, ch. 1079, § 183.
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 1 - GENERAL PROVISIONS (§§ 37-5-101 — 37-5-137) › Section 37-5-116 - Non-discrimination

No person shall, on the grounds of race, color, national origin, sex, age or ability to pay, be excluded from participation, be denied the benefits of or be otherwise subjected to discrimination under any program or activity operated by the department of children's services. This shall include, but not be limited to, contracts for services, employment or services to consumers.
Acts 1996, ch. 1079, § 183.
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 1 - GENERAL PROVISIONS (§§ 37-5-101 — 37-5-137) › Section 37-5-117 - Youth service officers - Qualifications

After July 1, 1989, any person employed as a youth service officer by the department of children's services shall:
(1)
Be at least eighteen (18) years of age;
(2)
Be a citizen of the United States;
(3)
Have such person's fingerprints on file with the Tennessee bureau of investigation for criminal identification;
(4)
Have passed a physical examination by a licensed physician;
(5)
Have a good moral character as determined by investigation; and
(6)
Have been certified by a Tennessee licensed health care provider qualified in the psychiatric or psychological field as being free from any impairment, as set forth in the current edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM) of the American Psychiatric Association at the time of the examination, that would, in the professional judgment of the examiner, affect the applicant's ability to perform an essential function of the job, with or without a reasonable accommodation.
Amended by 2013 Tenn. Acts, ch. 137,s 2, eff. 4/12/2013.
Acts 1989, ch. 278, § 48; T.C.A., §
4-3-2609
; Acts 1996, ch. 1079, § 21.
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 1 - GENERAL PROVISIONS (§§ 37-5-101 — 37-5-137) › Section 37-5-118 - Oath requirement

(a)
All persons employed to control and manage juvenile programs for the state shall, before entering upon the discharge of their duties, take and subscribe the following oath: "I do solemnly swear (or affirm) that I will fully, faithfully, impartially, and diligently perform all the duties required of me as ______________ in the department of children's services, that I will execute the laws and regulations prescribed for the government of the department, so far as concerns my office; that I will accept no bribe, or other compensation during my continuance in office, other than such compensation as is allowed by law; and that I will, on no occasion, ill treat or abuse any juvenile in the care of the department."
(b)
This oath shall be filed in the office of the secretary of state, and its violation by any of such officers or employees shall be perjury, punishable as in other cases of perjury.
Acts 1989, ch. 278, § 12; T.C.A., §
4-3-2610
; Acts 1996, ch. 1079, § 21.
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 1 - GENERAL PROVISIONS (§§ 37-5-101 — 37-5-137) › Section 37-5-120 - Library region - Creation

There is created a library region to be composed of the youth development centers under the control of the department.
Acts 1989, ch. 278, § 10; T.C.A., §
4-3-2625
; Acts 1996, ch. 1079, § 25.
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 1 - GENERAL PROVISIONS (§§ 37-5-101 — 37-5-137) › Section 37-5-122 - Post-adoption services and searches - Fees and charges

(a)
The commissioner is authorized to promulgate rules and regulations establishing procedures, fees and charges for any service rendered relative to post-adoption search services and records handling services that are at any time required or permitted by law to be provided by the department.
(b)
The commissioner is empowered to promulgate rules and regulations to reduce or eliminate fees or charges for services, identified under the provisions of this section, based upon recipients' condition or ability to pay. The amount of any fee or charge established by the commissioner under the provisions of this section shall not exceed the cost of providing the service.
(c)
Any fees or charges received by the department under this section shall be deposited with the state treasurer in accordance with §
9-4-301
.
Acts 1992, ch. 901, § 1; 1995, ch. 532, § 17; T.C.A., § 71-1-124; Acts 1996, ch. 1079, § 156.
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 1 - GENERAL PROVISIONS (§§ 37-5-101 — 37-5-137) › Section 37-5-123 - Notification of release of juvenile offender

(a)
(1)
The department of children's services shall provide or contract with a private entity to provide to members of the public who have made a notification request, notification of the release of a juvenile adjudicated to have committed a delinquent act that would constitute a felony if committed by an adult from a facility operated by or under contract with the department to home placement as defined in §
37-1-102
[See compiler's note]. The chief administrator, or a person designated by the chief administrator, of a facility operated under contract with the department shall make available to the department, or any private entity under contract with the department, the information necessary to implement this section in a timely manner. The department, or the private entity under contract with the department, shall be responsible for retrieving the information and notifying the requester in accordance with regulations promulgated by the department.
(2)
The department may refuse the notification request of a person if, on a case by case basis, it finds that notification of release is not in the best interests of the juvenile being released and that such notification may result in harm to the juvenile.
(b)
The department shall promulgate rules in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement the provisions of this section.
(c)
Notwithstanding §§
37-1-145
,
37-1-155
or
37-5-107
to the contrary, this section shall require the release of information relating to juveniles who have been adjudicated to have committed a delinquent act that would constitute a felony if committed by an adult. The release of information shall be limited to the extent necessary to comply with the provisions of this section.
Acts 1998, ch. 968, § 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 1 - GENERAL PROVISIONS (§§ 37-5-101 — 37-5-137) › Section 37-5-124 - Disclosure of the death or near fatality of persons in the custody of the department of children's services

(a)
The commissioner of children's services shall provide a report of the fatality or near fatality of:
(1)
Any child in the custody of the department;
(2)
Any child who is the subject of an ongoing investigation by child protective services or has been the subject of an investigation by child protective services within the forty-five (45) days immediately preceding the child's fatality or near fatality; or
(3)
Any child whose fatality or near fatality resulted in an investigation of the safety and well-being of another child in the home;
within ten (10) business days of the fatality or near fatality of such child to the members of the senate and house of representatives representing the child. The district attorney for the judicial district in which the child was located must also receive a copy of the report provided to the legislators and may communicate with the legislators representing the child about the report and its contents or about any other otherwise confidential information that the legislators may have acquired pursuant to §
37-5-107(d)
.
(b)
The legislators representing the child shall be determined by the home address of the child. If the child was not a resident of Tennessee prior to being placed in the custody of the department, the legislators representing the child shall be determined by the address of the residence or facility in which the child was located at the time of the child's fatality or near fatality.
(c)
For the purposes of this section, "near fatality" shall have the same meaning as in §
37-5-107
.
(d)
The department of children's services, county medical examiners, chief medical examiners, and facilities that perform autopsies, pursuant to § 38-7-105, must establish policies and procedures for the prioritization of the completion of final autopsy reports for fatalities described in subsection (a).
Amended by 2024 Tenn. Acts, ch. 881,s 1, eff. 7/1/2024.
Amended by 2021 Tenn. Acts, ch. 64, s 34, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 472, s 1, eff. 5/24/2019.
Amended by 2019 Tenn. Acts, ch. 345, s 44, eff. 5/10/2019.
Acts 2005, ch. 168, § 2; 2010 , ch. 1031, § 1; 2011 , ch. 410, § 3(t).
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 1 - GENERAL PROVISIONS (§§ 37-5-101 — 37-5-137) › Section 37-5-125 - Model programs for adolescents at risk

(a)
Through contract with nonprofit corporations, community organizations, volunteer groups, churches, schools and family resource centers, the department of children's services is authorized to establish in each grand division two (2) model after school or summer programs, or both, for young adolescents at risk of placement in the custody of the state. An entity may contract with the department to operate more than one (1) program. Each such model program shall serve not more than twenty-five (25) adolescents and shall strive to improve self-esteem, motivation, responsibility, achievement and goal setting through a variety of activities including, but not necessarily limited to, counseling, tutoring, mentoring, field trips, cultural enrichment experiences, team sports and team projects and problem solving. State funding for each such model program shall not exceed eight thousand two hundred fifty dollars ($8,250) per program.
(b)
The department shall promulgate policies and guidelines defining:
(1)
The phrase "young adolescents at risk of placement in the custody of the state;" and
(2)
The minimum requirements and components for programs established and funded pursuant to subsection (a).
(c)
On or before January 15 of each year, the department shall evaluate the success of such programs and shall report findings and recommendations to the judiciary committee of the senate and the civil justice committee of the house of representatives.
Amended by 2021 Tenn. Acts, ch. 64, s 35, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 345, s 45, eff. 5/10/2019.
Amended by 2013 Tenn. Acts, ch. 236, s 21, eff. 4/19/2013.
Acts 1993, ch. 246, § 1; 1994, ch. 793, § 1; 1994, ch. 917, § 1; 1996, ch. 1079, § 16; T.C.A. §
4-3-2626
; Acts 2011 , ch. 410, § 3(u).
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 1 - GENERAL PROVISIONS (§§ 37-5-101 — 37-5-137) › Section 37-5-126 - Children's mental health care - Development of plan, projects and programs

Notwithstanding any law to the contrary, the department shall assist the council on children's mental health care in developing a plan that will establish demonstration sites in certain geographic areas where children's mental health care is child-centered, family-driven, and culturally and linguistically competent and that provides a coordinated system of care for children's mental health needs in this state. The department shall also involve the council in the development of interagency projects and programs, whether state or federally funded, related to children's mental health care, except where otherwise prohibited by state or federal law.
Acts 2008, ch. 1062, § 8.
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 1 - GENERAL PROVISIONS (§§ 37-5-101 — 37-5-137) › Section 37-5-127 - License, certification or registration - Notifications - Prerequisites - Web site - Electronic notices

(a)
The department and each board, commission, agency or other governmental entity created pursuant to this title shall notify each applicant for a professional or occupational license, certification or registration from the department, board, commission, agency or other governmental entity where to obtain a copy of any statutes, rules, guidelines, and policies setting forth the prerequisites for the license, certification or registration and shall, upon request, make available to the applicant a copy of the statutes, rules, guidelines, and policies.
(b)
The department and each board, commission, agency or other governmental entity created pursuant to this title shall notify each holder of a professional or occupational license, certification or registration from the board, commission, agency or other governmental entity of changes in state law that impact the holder and are implemented or enforced by the entity, including newly promulgated or amended statutes, rules, policies, and guidelines, upon the issuance and upon each renewal of a holder's license, certification or registration.
(c)
The department and each board, commission, agency or other governmental entity created pursuant to this title shall establish and maintain a link or links on the entity's web site to the statutes, rules, policies, and guidelines that are implemented or enforced by the entity and that impact an applicant for, or a holder of, a professional or occupational license, certification, or registration from the entity.
(d)
(1)
The department and each board, commission, agency, or other governmental entity created pursuant to this title shall allow each holder of a professional or occupational license, certification or registration from the department, board, commission, agency or other governmental entity to have the option of being notified by electronic mail of:
(A)
Renewals of the holder's license, certification or registration;
(B)
Any fee increases;
(C)
Any changes in state law that impact the holder and are implemented or enforced by the entity, including newly promulgated or amended statutes, rules, policies and guidelines; and
(D)
Any meeting where changes in rules or fees are on the agenda. For purposes of this subdivision (d)(1)(D), the electronic notice shall be at least forty-five (45) days in advance of the meeting, unless it is an emergency meeting then the notice shall be sent as soon as is practicable.
(2)
The department and each board, commission, agency or other governmental entity created pursuant to this title shall notify each holder of a license, certification or registration of the availability of receiving electronic notices pursuant to subdivision (d)(1) upon issuance or renewal of the holder's license, certification or registration.
Acts 2008, ch. 1070, § 10; 2012, ch. 952, § 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 1 - GENERAL PROVISIONS (§§ 37-5-101 — 37-5-137) › Section 37-5-128 - Review of department policies and attached protocol and procedures that affect children the department serves - Uniformity of applicability

Before March 1 of each year, the department shall appear before the judiciary committee of the senate and the civil justice committee of the house of representatives for a review of the policies of the department and attached protocol and procedures for these policies and any provisions that affect the children the department serves. During the review, the committees shall consider the uniformity of applicability across the state of the department's policies and attached protocol and procedures for these policies and any provisions that affect the children the department serves.
Amended by 2021 Tenn. Acts, ch. 64, s 36, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 345, s 46, eff. 5/10/2019.
Amended by 2013 Tenn. Acts, ch. 236, s 21, eff. 4/19/2013.
Acts 2009 , ch. 87, § 2; 2011 , ch. 410, § 3(v).
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 1 - GENERAL PROVISIONS (§§ 37-5-101 — 37-5-137) › Section 37-5-129 - Review of new departmental policies

The department shall submit for review by the judiciary committee of the senate, the civil justice committee of the house of representatives, the government operations committee of the senate, and the government operations committee of the house of representatives any new departmental policies within sixty (60) days of adoption of the policies. As used in this section, "policy" has the same meaning as defined in § 4-5-102.
Amended by 2024 Tenn. Acts, ch. 1022,s 1, eff. 5/28/2024.
Amended by 2021 Tenn. Acts, ch. 64, s 37, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 345, s 47, eff. 5/10/2019.
Amended by 2013 Tenn. Acts, ch. 236, s 21, eff. 4/19/2013.
Acts 2009 , ch. 87, § 2; 2011 , ch. 410, § 3(w).
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 1 - GENERAL PROVISIONS (§§ 37-5-101 — 37-5-137) › Section 37-5-130 - Cessation of operations - Permanent education records

In the event that a department of children's services provider agency school ceases operations, or the department no longer contracts with the provider agency, the permanent educational records for students who have been in state custody shall be forwarded to the department by the contract agency or provider. Such records shall be maintained in accordance with department policies and procedures as to educational records, and may be released to appropriate individuals or entities in accordance with department policy.
Acts 2010, ch. 738, § 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 1 - GENERAL PROVISIONS (§§ 37-5-101 — 37-5-137) › Section 37-5-131 - Education of youth in juvenile detention facilities of the department of children's services or other facilities for youth at risk

(a)
This section shall apply to the following facilities:
(1)
Juvenile detention facilities approved, certified or licensed by the department of children's services; and
(2)
Facilities for children who are not in the custody of the department of children's services that provide community-based alternative educational programs whose purposes are prevention of delinquency, rehabilitation of delinquent youth or otherwise addressing unruly behavior that places youth at risk educationally or at risk of coming into state custody.
(b)
Each facility shall report no later than August 31, 2010, to the department of education the number of youth detained or served, as well as relevant demographic and service delivery information as specified by the department of education, including, but not limited to, date of entry and date of exit from the facility for the time period of July 1, 2008, through June 30, 2010.
(c)
On or before January 15, 2011, the department of education shall provide a report containing a compilation of the data and a detailed analysis of the findings to the chair of the judiciary committee of the senate, the chair of the children and family affairs committee of the house of representatives, the executive director of the commission on children and youth, the chairs of the education committees of the senate and the house of representatives and the commissioner of children's services. Such report shall include, but not be limited to, the following recommendations:
(1)
A process to properly determine and direct the allocation of Tennessee investment in student achievement formula (TISA) funding for the purpose of education of youth in these facilities; and
(2)
A process to ensure grades and attendance records are transferable between local education agencies and these facilities.
(d)
The state board of education, in consultation with the department of children's services and the department of education, shall develop or modify curriculum-based standards, as necessary, for the education of children in these facilities consistent with those applicable to all other school systems.
Amended by 2022 Tenn. Acts, ch. 966, s 99, eff. 7/1/2023.
Acts 2010 , ch. 870, §§ 1, 2; 2011 , ch. 410, § 3(x).
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 1 - GENERAL PROVISIONS (§§ 37-5-101 — 37-5-137) › Section 37-5-132 - Case managers - Caseloads - Maximum caseload ratios

(a)
The department shall maintain staffing levels of case managers so that each region has enough case managers to allow caseloads not to exceed an average, to be calculated at least monthly, of:
(1)
Twenty (20) active cases relating to initial assessments, including investigations of an allegation of child abuse or neglect; or
(2)
Twenty (20) children monitored and supervised in active cases relating to ongoing services.
(b)
The department shall comply with the maximum caseload ratios described in subsection (a).
Amended by 2022 Tenn. Acts, ch. 711, s 1, eff. 3/18/2022.
Acts 2018 , ch. 562, § 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 1 - GENERAL PROVISIONS (§§ 37-5-101 — 37-5-137) › Section 37-5-133 - Medical or full-time school enrollment verification

By July 1, 2022, and every year thereafter, the department of children's services shall require any person receiving federal or state-funded adoption assistance from the department for adopting a child to provide the department with verification from the adopted child's current medical or mental health professional provider or verification of full-time school enrollment from the school the child attends. The medical or full-time school enrollment verification shall consist of a form or forms developed by the department, but must not require any records from those providing the verification. The department may initiate a visit to ascertain the well-being of the child if the person fails to provide the required documentation.
Added by 2021 Tenn. Acts, ch. 163,s 1, eff. 7/1/2021.
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 1 - GENERAL PROVISIONS (§§ 37-5-101 — 37-5-137) › Section 37-5-134 - Report of suspected violation of court order to law enforcement by case manager

A department of children's services case manager shall report a suspected violation of a court order to law enforcement if:
(1)
The department currently has an open case on the family that is subject to the court order;
(2)
The court order is an order issued pursuant to title 36, chapter 3, part 6, and concerns at least one (1) individual who is a subject of the department's open case;
(3)
The department case manager has knowledge of the court order; and
(4)
The department case manager observes the person against whom the court order has been entered acting in violation of the court order.
Added by 2022 Tenn. Acts, ch. 1095,s 1, eff. 5/27/2022.
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 1 - GENERAL PROVISIONS (§§ 37-5-101 — 37-5-137) › Section 37-5-135 - Chaplain Services - Availability - Noncompulsory

(a)
The department shall make chaplain services available on a regular basis to juveniles who are housed in a youth development center.
(b)
The department shall not require a juvenile to attend or make use of the chaplain services.
Added by 2023 Tenn. Acts, ch. 67, s 1, eff. 1/1/2024.
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 1 - GENERAL PROVISIONS (§§ 37-5-101 — 37-5-137) › Section 37-5-136 - Annual behavior management training

The department shall provide training to all persons employed by the department as youth service officers on best practices for behavior management and conflict resolution in the context of supervision of juvenile justice youth. The training must be conducted annually.
Added by 2023 Tenn. Acts, ch. 67, s 2, eff. 1/1/2024.
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 1 - GENERAL PROVISIONS (§§ 37-5-101 — 37-5-137) › Section 37-5-137 - Quarterly written reports regarding December 2022 performance audit - Presentation of findings to education, health and general welfare joint evaluation committee

(a)
The department of children's services shall submit quarterly written reports to the chair of the government operations committee of the senate and the chair of the government operations committee of the house of representatives during 2023 to provide updates on the department's progress in addressing the findings set forth in the December 2022 performance audit report issued by the division of state audit. Such reports must be received by the chairs no later than fourteen (14) calendar days from the end of each quarter.
(b)
The department of children's services shall appear before the education, health, and general welfare joint evaluation committee no later than June 30, 2023, to present information included in the department's six-month follow-up report that is submitted to the comptroller of the treasury, as required under §
8-4-109
.
Acts 2023, ch. 331, §§ 3, 4.
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 2 - YOUTH DEVELOPMENT CENTERS (§§ 37-5-201 — 37-5-215) › Section 37-5-201 - Establishment - Coeducational programs

(a)
For the detention, treatment, rehabilitation and education of children found to be delinquent, there shall be youth development centers. Such centers shall be under the supervision and control of the commissioner of children's services.
(b)
Nothing in this chapter shall be construed so as to restrict or prohibit coeducational programs in any youth center for delinquent children.
(c)
The youth development center located in Fayette County is hereby renamed "The John S. Wilder Youth Development Center."
(d)
The educational facility located on the campus of the John S. Wilder Youth Development Center is named "The Barbara Ward Cooper Education Center."
Amended by 2023 Tenn. Acts, ch. 98, s 1, eff. 3/31/2023.
Acts 1955, ch. 127, § 1; modified; 1974, ch. 595, § 1; 1975, ch. 160, § 1; T.C.A., § 41-827; Acts 1989; ch. 278, § 57; T.C.A., § 41-5-105; Acts 1996, ch. 1079, § 137.
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 2 - YOUTH DEVELOPMENT CENTERS (§§ 37-5-201 — 37-5-215) › Section 37-5-202 - Superintendents

There shall be a superintendent of each youth center to be appointed by the commissioner of children's services.
Acts 1955, ch. 127, § 2; impl. am. Acts 1955, ch. 102, § 1; T.C.A., § 41-828; Acts 1989, ch. 278, §§ 54, 56, 58; T.C.A., § 41-5-106; Acts 1996, ch. 1079, § 137.
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 2 - YOUTH DEVELOPMENT CENTERS (§§ 37-5-201 — 37-5-215) › Section 37-5-203 - Powers and duties of superintendent

(a)
The superintendent has charge, control and supervision of the youth center, its employees and students.
(b)
Such superintendent has authority to make recommendations to the commissioner of children's services for the release of children placed in the center.
Acts 1955, ch. 127, § 3; 1963, ch. 264, § 3; 1977, ch. 387, § 2; T.C.A., § 41-829; Acts 1989, ch. 278, § 59; T.C.A., § 41-5-107; Acts 1996, ch. 1079, § 137.
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 2 - YOUTH DEVELOPMENT CENTERS (§§ 37-5-201 — 37-5-215) › Section 37-5-204 - Education - Character development - Work programs

(a)
The superintendents of such centers shall have the authority, subject to the approval of the commissioner of children's services, to introduce any branch of educational pursuit that they may deem to be in the best interest of the children, and they shall use their utmost efforts for the moral, physical and mental development of the children, so that they may be molded into good men and women and useful citizens.
(b)
Any superintendent may, subject to the approval of the commissioner, establish a work opportunity program for children sixteen (16) years of age or older.
(c)
The superintendent shall, before any child is permitted to take employment, ensure that the prospective employment meets all requirements of the department of labor and workforce development pertaining to the employment of children.
(d)
The superintendent will ascertain the availability of transportation to and from the place of work and the cooperation of the employer or supervisors with supervision requirements. Hours of release for involvement of the work opportunity program will be the responsibility of the superintendent in keeping with departmental consideration for the good of the child and the welfare of the department.
(e)
All moneys earned by the child in the work opportunity program shall be posted to the child's trust fund account. Expenditures under this program from the child's earnings should be limited to transportation, special clothing, tools or lunch and other casual expenses with the approval of the superintendent.
Acts 1955, ch. 127, § 4; impl. am. Acts 1955, ch. 102, § 1; 1973, ch. 18, § 1; T.C.A., § 41-830; Acts 1989, ch. 278, §§ 54, 60; T.C.A., § 41-5-108; Acts 1996, ch. 1079, § 137; 1999, ch. 520, § 37.
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 2 - YOUTH DEVELOPMENT CENTERS (§§ 37-5-201 — 37-5-215) › Section 37-5-205 - Transfer and commitment of children

(a)
Fees that are allowed by law for carrying prisoners to the penitentiary shall be allowed to the sheriffs for taking children found to have committed offenses punishable in the penitentiary to such youth centers.
(b)
The state shall only be responsible for the transfer of such children as have been found to have committed offenses punishable by imprisonment in the penitentiary. The expense of transporting delinquent children not found to have committed offenses punishable in the penitentiary shall be paid by the counties from which committed.
(c)
When any female child is to be transported to such youth centers, the sheriff shall deputize a suitable woman of good moral character to convey such child. In the event the sheriff shall not find such a woman in the county, the department shall provide a proper and suitable escort for the child, and this escort shall be paid from the allowance provided for the sheriff. The expense of the woman so deputized shall be paid from the allowance for the sheriff.
Acts 1955, ch. 127, § 5; impl. am. 1955, ch. 102, § 1; T.C.A., § 41-831; Acts 1989, ch. 278, § 61; T.C.A., § 41-5-109; Acts 1996, ch. 1079, §§ 133, 137.
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 2 - YOUTH DEVELOPMENT CENTERS (§§ 37-5-201 — 37-5-215) › Section 37-5-206 - Retention of children committed for penitentiary offenses - Transfer to penitentiary - Prosecution for escape

(a)
Any child committed to the department for an offense punishable by confinement in the penitentiary may be retained in a youth center until such child's nineteenth birthday, or at any time after the child's eighteenth birthday, when found to be incorrigible by the superintendent, subject to agreement between the commissioner of correction and the commissioner of children's services, may be transferred to the penitentiary. The authority for transferring such children eighteen (18) years of age or older shall be upon warrant issued by the commissioner, such warrant to contain the name of the child, age at conviction and at the transfer, and the offense for which committed. The superintendent shall furnish to the warden of the penitentiary the original commitment papers in the case.
(b)
A child sixteen (16) years of age or older, confined in a youth development center approved, certified, or licensed by the department and who escapes therefrom commits a Class A misdemeanor and may be prosecuted as an adult in the court having jurisdiction of the offense pursuant to §
37-1-134
. The superintendent of the youth development center shall notify the district attorney general in the district in which the escape was effected that the escape has occurred and the facts relating thereto.
Amended by 2023 Tenn. Acts, ch. 264, s 2, eff. 7/1/2023.
Acts 1955, ch. 127, § 6; impl. am. Acts 1955, ch. 102, § 1; 1963, ch. 264, § 4; impl. am. Acts 1981, ch. 120; T.C.A., § 41-832; Acts 1989, ch. 278, § 62; T.C.A., § 41-5-110; Acts 1996, ch. 1079, § 137.
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 2 - YOUTH DEVELOPMENT CENTERS (§§ 37-5-201 — 37-5-215) › Section 37-5-207 - Commitment for federal offense

Authority is given to the department for commitment of children who may be convicted of any offense against the United States in any district court of the United States within the state and sentenced by such court to the department, and to that end, the commissioner may enter into a contract with the attorney general of the United States for their detention, subsistence and proper employment of such juvenile offenders and the rate of compensation to be paid for the use of the institution by the United States.
Acts 1955, ch. 127, § 7; impl. am. Acts 1955, ch. 102, § 1; T.C.A., § 41-833; Acts 1989, ch. 278, § 63; T.C.A., § 41-5-111; Acts 1996, ch. 1079, § 137.
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 2 - YOUTH DEVELOPMENT CENTERS (§§ 37-5-201 — 37-5-215) › Section 37-5-208 - Procedure for commitment - Form

(a)
A judge committing a child under eighteen (18) years of age to the department shall make out and sign a commitment on a form provided by the department and certified to by the clerk under the seal of the court.
(b)
Such commitment form, together with information of a social nature, shall be forwarded with the child.
Acts 1955, ch. 127, § 9; impl. am. Acts 1955, ch. 102, § 1; T.C.A., § 41-835; Acts 1989, ch. 278, § 65; T.C.A., § 41-5-113; Acts 1996, ch. 1079, § 137.
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 2 - YOUTH DEVELOPMENT CENTERS (§§ 37-5-201 — 37-5-215) › Section 37-5-209 - Records and accounts - Sale of unneeded property - Reports

(a)
The superintendents shall:
(1)
Keep complete records of all children, their conduct, character and aptitudes;
(2)
Keep a set of account books in which all expenses of the youth center shall be entered, and shall sign all vouchers;
(3)
Keep a record of all products made or raised on the grounds of the youth center; and
(4)
Sell such products as are not used or needed by the youth center, and make reports of such sales to the commissioner of children's services.
(b)
Their books and accounts shall at all times be open to the inspection of any state auditor.
(c)
They shall give bond payable to the state, for the safekeeping of all money or property belonging to the state coming into their possession.
(d)
They shall make quarterly reports to the commissioner of the income and expenditures of their youth centers, the number of children, their terms, names, ages and conduct.
Acts 1955, ch. 127, § 10; impl. am. Acts 1955, ch. 102, § 1; T.C.A., § 41-836; Acts 1989, ch. 278, § 66; T.C.A., § 41-5-114; Acts 1996, ch. 1079, § 137.
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 2 - YOUTH DEVELOPMENT CENTERS (§§ 37-5-201 — 37-5-215) › Section 37-5-210 - Buildings and equipment

The commissioner shall be authorized, subject to the approval of the governor, to erect all buildings necessary for the proper maintenance of the children committed to the department of children's services, and to purchase all things for the proper equipment of the youth centers, under appropriations made from time to time.
Acts 1955, ch. 127, § 12; T.C.A., § 41-838; Acts 1989, ch. 278, § 68; T.C.A., § 41-5-116; Acts 1996, ch. 1079, § 137.
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 2 - YOUTH DEVELOPMENT CENTERS (§§ 37-5-201 — 37-5-215) › Section 37-5-211 - Products of youth centers - Expenditure of receipts

(a)
The commissioner shall keep an account of all products of the youth centers, and shall include a report of same in the commissioner's biennial report.
(b)
All money received from the operation of the youth centers shall be expended for the proper maintenance of the youth centers.
Acts 1955, ch. 127, § 13; T.C.A., § 41-839; Acts 1989, ch. 278, § 69; T.C.A., § 41-5-117; Acts 1996, ch. 1079, § 137.
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 2 - YOUTH DEVELOPMENT CENTERS (§§ 37-5-201 — 37-5-215) › Section 37-5-212 - Instruction in art of barbering

The commissioner is hereby authorized to institute within the youth development centers a course of instruction in the art of barbering as encompassed within the provisions of title 62, chapter 3.
Acts 1961, ch. 66, § 1; T.C.A., § 41-849; Acts 1989, ch. 278, §§ 54, 71; T.C.A., § 41-5-124; Acts 1996, ch. 1079, § 137.
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 2 - YOUTH DEVELOPMENT CENTERS (§§ 37-5-201 — 37-5-215) › Section 37-5-213 - Authorized courses of instruction

The commissioner is authorized to institute within the youth development centers courses of instruction for:
(1)
High school equivalency credential approved by the state board of education; and
(2)
Vocational and occupational training.
Amended by 2023 Tenn. Acts, ch. 114, s 6, eff. 7/1/2023.
Acts 2007 , ch. 195, § 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 2 - YOUTH DEVELOPMENT CENTERS (§§ 37-5-201 — 37-5-215) › Section 37-5-214 - Use of seclusion at juvenile detention facilities

(a)
As used in this section:
(1)
"Seclusion" means the involuntary segregation of a child from the rest of the resident population regardless of the reason for the segregation, including confinement to a locked unit or ward where other children may be seen or heard but are separated from the child, but does not include:
(A)
The segregation of a child for the purpose of managing biological contagion consistent with the centers for disease control and prevention guidelines;
(B)
Voluntary time-out involving the voluntary separation of an individual child from others, and where the child is allowed to end the separation at will; or
(C)
Temporarily securing children in their rooms during regularly scheduled times, such as periods set aside for sleep or regularly scheduled down time, that are universally applicable to the entire population or within the child's assigned living area; and
(2)
"Temporary" means for no more than two (2) hours.
(b)
This section applies to juvenile detention facilities approved, certified, or licensed by the department of children's services, including youth development centers.
(c)
Seclusion shall not be used for discipline, punishment, administrative convenience, retaliation, staffing shortages, or any reason other than a temporary response to behavior that threatens immediate harm to a youth or others. Following a period of seclusion, the facility administrator may review the seclusion and authorize an additional two-hour period of seclusion if appropriate. The facility administrator shall not authorize more than two (2) subsequent, consecutive periods of seclusion or more than six (6) total hours of seclusion within a twenty-four-hour period. The department may, by rule or policy, provide alternative options for a child who cannot safely rejoin the rest of the resident population following the maximum period of seclusion authorized by this subsection (c).
Added by 2021 Tenn. Acts, ch. 492, s 1, eff. 5/25/2021.
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 2 - YOUTH DEVELOPMENT CENTERS (§§ 37-5-201 — 37-5-215) › Section 37-5-215 - Requirements - Housing of children under 16 years of age

(a)
Children sixteen (16) years of age or older who have been committed to the department for a determinate period of time and are housed in a hardware secure residential facility or youth development center, shall be housed separately from children less than sixteen (16) years of age.
(b)
Notwithstanding subsection (a), the department may house children less than sixteen (16) years of age with determinately committed children sixteen (16) years of age or older in applicable facilities if the department deems it necessary for the safety and well-being of the children less than sixteen (16) years of age, or to otherwise comply with the requirements of §
37-5-214
.
Added by 2023 Tenn. Acts, ch. 67, s 3, eff. 1/1/2024.
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 3 - COMMUNITY SERVICES AGENCY ACT OF 1996 (§§ 37-5-301 — 37-5-319) › Section 37-5-301 - Short title

This part shall be known and may be cited as the "Community Services Agency Act of 1996."
Acts 1989, ch. 567, § 1; T.C.A., § 68-2-1101; Acts 1996, ch. 1079, § 149.
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 3 - COMMUNITY SERVICES AGENCY ACT OF 1996 (§§ 37-5-301 — 37-5-319) › Section 37-5-302 - Purpose

The purpose of this part is to provide a mechanism to facilitate the provision of services for children and other citizens in need of services in Tennessee through centralized agencies located throughout the state. The community services agencies may contract with any other agencies to provide assistance wherever needed.
Acts 1989, ch. 567, § 3; T.C.A., § 68-2-1103; Acts 1996, ch. 1079, § 149; 2005, ch. 249, § 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 3 - COMMUNITY SERVICES AGENCY ACT OF 1996 (§§ 37-5-301 — 37-5-319) › Section 37-5-303 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Agency" means the community services agency;
(2)
"Board" means the community services agency board;
(3)
"Commissioner" means the commissioner of finance and administration, or the commissioner's designee, unless otherwise stated in this part;
(4)
"Department" means the department of finance and administration, unless otherwise stated in this part; and
(5)
"Executive director" means the chief administrative officer of a community service agency.
Acts 1989, ch. 567, § 2; T.C.A., § 68-2-1102; Acts 1996, ch. 1079, § 149; 2005, ch. 249, § 2; 2006, ch. 1011, § 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 3 - COMMUNITY SERVICES AGENCY ACT OF 1996 (§§ 37-5-301 — 37-5-319) › Section 37-5-304 - Agencies - Establishment - Public function and purpose

(a)
The commissioner is authorized to establish community services agencies as provided in this part. These agencies shall provide coordination of funds or programs for the care of the citizens of the state.
(b)
The commissioner may establish one (1) community services agency in the metropolitan area of Memphis and Shelby County.
(c)
The commissioner may establish multi-county community service agencies with such geographic boundary lines as may be deemed necessary.
(d)
The community services agency shall be a political subdivision and instrumentality of the state. As such, it shall be deemed to be acting in all respects for the benefit of the people of the state in the performance of essential public functions, and shall be deemed to be serving a public purpose through improving and otherwise promoting the well-being of the citizens of the state.
Acts 1989, ch. 567, § 4; T.C.A., § 68-2-1104; Acts 1996, ch. 1079, § 149; 2001, ch. 390, § 2; 2005, ch. 249, § 3; 2006, ch. 1011, § 2; 2007, ch. 222, § 2; 2007, ch. 223, § 2; 2007, ch. 478, § 4.