WELCOME TO FAMILIES AGAINST CORRUPTING FIGHTING CPS IN THE STATE OF TENNESSEE
TENNESSSEE STATUTES THAT SUPPOSED TO GOVERN CHILDREN'S PARENTS' SLAYERS {CPS}
TENNESEE STATUTES
CHILD ABUSE AND NEGLECT:
Child Witnesses to Domestic Violence
To better understand this issue and to view it across States, see the Child Witnesses to Domestic Violence: Summary of State Laws (PDF - 222 KB) publication.
Circumstances That Constitute Witnessing
This issue is not addressed in the statutes reviewed.
Consequences
This issue is not addressed in the statutes reviewed.
Clergy as Mandatory Reporters of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Clergy as Mandatory Reporters of Child Abuse and Neglect: Summary of State Laws (PDF - 287 KB) publication.
Citation: Tenn. Code § 37-1-605(a) (LexisNexis through 2006 Sess.)
Any person…who knows or has reasonable cause to suspect that a child has been sexually abused shall report such knowledge or suspicion to the department.
Citation: Tenn. Code Ann. § 37-1-403(a) (LexisNexis through 2007 Tenn. Act 305)
Any person who has knowledge of or is called upon to render aid to any child who is suffering from or has sustained any wound, injury, disability, or physical or mental condition shall report such harm immediately if the harm is of such a nature as to reasonably indicate that it has been caused by brutality, abuse, or neglect or that, on the basis of available information, reasonably appears to have been caused by brutality, abuse, or neglect.
Cross-Reporting Among Responders to Child Abuse and Neglect
To better understand this issue and to view it across States, see the Cross-Reporting Among Responders to Child Abuse and Neglect: Summary of State Laws (PDF - 267 KB) publication.
Tenn. Code Ann. § 37-1-405(a), (b)(1)-(2) (LexisNexis through 2007 Reg. Sess.)
All cases reported to the juvenile court judge or to State or local law enforcement officers shall be referred immediately to the local director of the county office of the Department of Children's Services for investigation.
If the court or law enforcement officer finds that there are reasonable grounds to believe that the child is suffering from illness or injury or is in immediate danger from the child's surroundings and that the child's removal is necessary, appropriate protective action shall be taken.
The county office of the Department of Children's Services or the office of the sheriff or the chief law enforcement official of the municipality where the child resides, upon receipt of a report of harm or sexual abuse, shall give notice of the report to the judge having juvenile jurisdiction where the child resides.
If the case appears to involve severe child abuse, including child sexual abuse, the county director of the Department of Children's Services shall immediately notify and consult with the district attorney general where the harm occurred, and the district attorney general may take such action as the district attorney general deems appropriate, including petitioning the court for removal of the child or termination of parental rights.
Tenn. Code Ann. § 37-1-605(b)(2) (LexisNexis through 2007 Reg. Sess.)
If a law enforcement official or judge becomes aware of known or suspected child sexual abuse, through personal knowledge, receipt of a report, or otherwise, such information shall be reported to the department immediately, and the child protective team shall be notified to investigate the report for the protection of the child in accordance with the provisions of this part. Further criminal investigation by such official shall be appropriately conducted.
Tenn. Code Ann. § 37-1-403(d)(1) (LexisNexis through 2007 Reg. Sess.)
If a law enforcement official or judge becomes aware of known or suspected child abuse, through personal knowledge, receipt of a report, or otherwise, such information shall be reported to the department immediately and, where appropriate, the child protective team shall be notified to investigate the report for the protection of the child in accordance with the provisions of this part. Further criminal investigation by such official shall be appropriately conducted in coordination with the team or department to the maximum extent possible.
Definitions of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Definitions of Child Abuse and Neglect: Summary of State Laws (PDF - 442 KB) publication.
Physical Abuse
Citation: Ann. Code § 37-1-102
Abuse exists when a person under age 18 is suffering from, has sustained, or may be in immediate danger of suffering from or sustaining a wound, injury, disability, or physical or mental condition caused by brutality, neglect, or other actions or inactions of a parent, relative, guardian, or caretaker.
Severe child abuse means:
The knowing exposure of a child to or the knowing failure to protect a child from abuse or neglect that is likely to cause great bodily harm or death, and the knowing use of force on a child that is likely to cause great bodily harm
Specific brutality, abuse, or neglect towards a child that in the opinion of qualified experts has caused or will reasonably be expected to produce severe psychosis, severe neurotic disorder, severe depression, severe developmental delay or retardation, or severe impairment of the child's ability to function adequately in the child's environment, and the knowing failure to protect a child from such conduct
The knowing failure to protect the child from the commission of any such act towards the child
Knowingly allowing a child to be present within a structure where the act of creating methamphetamine is occurring
Neglect
Citation: Ann. Code § 37-1-102
Neglected child means a child:
Who is under unlawful or improper care, supervision, custody, or restraint by any person, corporation, agency, association, institution, society, or other organization, or who is unlawfully kept out of school
Whose parent, guardian, or custodian neglects or refuses to provide necessary medical, surgical, institutional, or hospital care for the child
Who, because of lack of proper supervision, is found in any public place the existence of which is in violation of the law
Who is in such condition of want or suffering or is under such improper guardianship or control as to injure or endanger the morals or health of the child or others
Sexual Abuse
Citation: Ann. Code § 37-1-602
Child sexual abuse means the commission of any act involving the unlawful sexual abuse, molestation, fondling, or carnal knowledge of a child under age 13 that on or after November 1, 1989, constituted the criminal offense of:
Aggravated rape, sexual battery, or sexual exploitation of a minor
Criminal attempt for any of the offenses listed above
Especially aggravated sexual exploitation of a minor
Incest
Rape, sexual battery, or sexual exploitation of a minor
Child sexual abuse also means one or more of the following acts:
Any penetration, however slight, of the vagina or anal opening of one person by the penis of another person, whether or not there is the emission of semen
Any contact between the genitals or anal opening of one person and the mouth or tongue of another person
Any intrusion by one person into the genitals or anal opening of another person, including the use of any object for this purpose
The intentional touching of the genitals or intimate parts, including the breasts, genital area, groin, inner thighs, and buttocks, or the clothing covering them, of either the child or the perpetrator
The intentional exposure of the perpetrator's genitals in the presence of a child, or any other sexual act intentionally perpetrated in the presence of a child, if such exposure or sexual act is for the purpose of sexual arousal or gratification, aggression, degradation, or other similar purpose
The sexual exploitation of a child, which includes allowing, encouraging, or forcing a child to solicit for or engage in prostitution or engage in sexual exploitation of a minor
Emotional Abuse
Citation: Ann. Code § 37-1-602
Mental injury means an injury to the intellectual or psychological capacity of a child as evidenced by a discernible and substantial impairment in the child's ability to function within the child's normal range of performance and behavior, with due regard to the child's culture.
Abandonment
This issue is not addressed in the statutes reviewed.
Standards for Reporting
Citation: Ann. Code § 37-1-102
A report is required when the child suffers from or is in immediate danger of suffering an injury.
Persons Responsible for the Child
Citation: Ann. Code §§ 37-1-102; 37-1-602
Responsible persons include:
The child's parent or guardian
A person with whom the child lives
Any other person responsible for a child's care or welfare that includes, but is not limited to:
A legal custodian or foster parent
An employee of a public or private childcare agency or public or private school
Any other person legally responsible for the child's welfare in a residential setting
Exceptions
Citation: Ann. Code § 37-1-602
Child sexual abuse does not include acts intended for a valid medical purpose or acts that may reasonably be construed to be normal caretaker responsibilities or interactions with or affection for a child.
Definitions of Domestic Violence
To better understand this issue and to view it across States, see the Definitions of Domestic Violence: Summary of State Laws (PDF - 639 KB) publication.
Defined in Domestic Violence Civil Laws
Citation: Ann. Code § 36-3-601
''Abuse'' means:
Inflicting or attempting to inflict physical injury on an adult or minor by other than accidental means
Placing an adult or minor in fear of physical harm
Physical restraint
Malicious damage to the personal property of the abused party, including inflicting, or attempting to inflict, physical injury on any animal owned, possessed, leased, kept, or held by an adult or minor
Placing an adult or minor in fear of physical harm to any animal owned, possessed, leased, kept, or held by the adult or minor
''Domestic abuse'' means committing abuse against a domestic abuse victim, as defined below.
Defined in Child Abuse Reporting and Child Protection Laws
Citation:
This issue is not addressed in the statutes reviewed.
Defined in Criminal Laws
Citation: Ann. Code § 39-13-111
A person commits ''domestic assault'' who commits an assault, as defined in § 39-13-101, against a domestic abuse victim.
Persons Included in the Definition
Citation: Ann. Code §§ 36-3-601; 39-13-111
[In civil and criminal law] ''Domestic abuse victim'' means any person who falls within the following categories:
Adults or minors who are current or former spouses
Adults or minors who live together or who have lived together
Adults or minors who are dating or who have dated or who have or had a sexual relationship
Adults or minors related by blood or adoption
Adults or minors who are related or were formerly related by marriage
Adult or minor children of a person in a relationship that is described above
''Dating'' and ''dated'' do not include fraternization between two individuals in a business or social context.
Disclosure of Confidential Child Abuse and Neglect Records
To better understand this issue and to view it across States, see the Disclosure of Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF - 574 KB) publication.
Confidentiality of Records
Citation: Ann. Code §§ 37-1-409; 37-1-612
Reports of harm and the identity of the reporter are confidential except when the juvenile court in which the investigation report is filed, in its discretion, determines the testimony of the person reporting to be material to an indictment or conviction.
All records concerning reports of child sexual abuse, including files, reports, records, communications, working papers related to investigations or providing services, videotapes, reports made to the abuse registry and to local offices of the department, and all records generated as a result of such processes and reports, shall be confidential.
Persons or Entities Allowed Access to Records
Ann. Code § 37-1-612
Disclosure may be made to persons and entities having need for the information, including:
Department employees, medical professionals, and contract or other agency employees who provide services, including those from child advocacy centers, to children and families
The attorney or guardian ad litem for a child who is the subject of the records
A law enforcement agency investigating a report of known or suspected child sexual abuse
The district attorney general of the judicial district in which the child resides or in which the alleged abuse occurred
A grand jury when it is necessary in the conduct of its official business
Any person engaged in bona fide research or audit purposes
A court official, probation and parole officer, designated employee of the Department of Correction, Board of Probation and Parole, or other similarly situated individual charged with the responsibility of preparing information to be presented in any administrative or judicial proceeding concerning any individual charged with or convicted of any offense involving child abuse or neglect or child sexual abuse
An attorney or next friend who is authorized to act on behalf of the child in a civil cause of action against the perpetrator
Members of the Tennessee Claims Commission and its staff and employees for the purpose of determining if a claim filed with the commission based on facts contained in the record constitutes a compensable criminal offense under the Criminal Injuries Compensation Act
When Public Disclosure of Records is Allowed
This issue is not addressed in the statutes reviewed.
Use of Records for Employment Screening
This issue is not addressed in the statutes reviewed.
Establishment and Maintenance of Central Registries for Child Abuse Reports
To better understand this issue and to view it across States, see the Establishment and Maintenance of Central Registries for Child Abuse Reports: Summary of State Laws (PDF - 310 KB) publication.
Establishment
Citation: Ann. Code § 37-1-406
The Department of Children's Services shall maintain an abuse registry.
Purpose
Citation:
This issue is not addressed in the statutes reviewed.
Contents
Citation: Ann. Code § 37-1-406
The registry shall maintain the findings of investigations of reports of child abuse or neglect.
Maintenance
Citation: Ann. Laws § 37-1-406
Not later than 60 days after receiving the initial report, the department shall determine whether a report of abuse was indicated or unfounded and report its findings to the department's abuse registry. )
Immunity for Reporters of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Immunity for Reporters of Child Abuse and Neglect: Summary of State Laws (PDF - 174 KB) publication.
Citation: Tenn. Code Ann. § 37-1-410(a)(5)(B), (6)-(8) (LexisNexis through 2008 Reg. Sess.)
Statute:
Because of the overriding public policy to encourage all persons to report the neglect of or harm or abuse to children, any person upon whom good faith immunity is conferred shall be presumed to have acted in good faith in making a report of harm.
No immunity conferred pursuant to this subsection shall attach if the person reporting the harm perpetrated or inflicted the abuse or caused the neglect.
A person furnishing a report, information, or records as required, requested, or authorized under this part shall have the same immunity and the same scope of immunity with respect to testimony that person may be required to give or may give in any judicial or administrative proceeding or in any communications with the department or any law enforcement official as is otherwise conferred by this subsection upon the person for making the report of harm.
If the person furnishing a report, information, or records during the normal course of the person's duties as required or authorized or requested under this part is different from the person originally reporting the harm, then the person furnishing the report, information, or records shall have the same immunity and the same scope of immunity with respect to testimony the person may be required to give or may give in any judicial or administrative proceeding or in any communications with the department or any law enforcement official as is otherwise conferred by this subsection upon the person who made the original report of harm.
Citation: Tenn. Code Ann. § 37-1-410(a)(1), (4),(5)(A) (LexisNexis through 2008 Reg. Sess.)
Statute:
If a health-care provider makes a report of harm, as required by § 37-1-403, and if the report arises from an examination of the child performed by the health-care provider in the course of rendering professional care or treatment of the child or if the health-care provider who is highly qualified by experience in the field of child abuse and neglect, as evidenced by special training or credentialing, renders a second opinion at the request of the department or any law enforcement agency, whether or not the health-care provider has examined the child, rendered care or treatment, or made the report of harm, then the health-care provider shall not be liable in any civil or criminal action that is based solely upon:
The health-care provider's decision to report what the provider believed to be harm
The health-care provider's belief that reporting the harm was required by law
The fact that a report of harm was made
The fact that the second opinion was requested and provided
Nothing in this subsection shall be construed to confer any immunity upon a health-care provider for a criminal or civil action arising out of the treatment of the child about whom the report of harm was made.
If absolute immunity is not conferred upon a person pursuant to the subdivision above, and if, acting in good faith, the person makes a report of harm, as required by § 37-1-403, then the person shall not be liable in any civil or criminal action that is based solely upon:
The person's decision to report what the person believed to be harm
The person's belief that reporting the harm was required by law
The fact that a report of harm was made
Making and Screening Reports of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Making and Screening Reports of Child Abuse and Neglect: Summary of State Laws (PDF - 619 KB) publication.
Reporting Procedures
Individual Responsibility
Citation: Ann. Code §§ 37-1-403; 37-1-605
Any person who has knowledge of or is called upon to render aid to any child who is suffering from or has sustained any wound, injury, disability, or physical or mental condition shall report such harm immediately if the harm is of such a nature as to reasonably indicate that it has been caused by brutality, abuse, or neglect, or that, on the basis of available information, reasonably appears to have been caused by brutality, abuse, or neglect.
Any person with knowledge of the type of harm described above shall report it, by telephone or otherwise, to:
The judge having juvenile jurisdiction over the child
The Department of Children's Services, either by contacting a local representative of the department or by utilizing the department's centralized intake procedure
The sheriff of the county where the child resides
The chief law enforcement official of the municipality where the child resides
Every physician who makes a diagnosis of any sexually transmitted disease in a child who is age 13 or younger shall report the case immediately, in writing, to the Department of Health. If sexual abuse is suspected, the Department of Health will report the case to the Department of Children's Services.
Any person who knows or has reasonable cause to suspect that a child has been sexually abused shall report such knowledge or suspicion to the department. Each report of known or suspected child sexual abuse shall be made immediately to the local office of the department responsible for the investigation of reports, the judge having juvenile jurisdiction, or to the office of the sheriff or the chief law enforcement official of the municipality where the child resides.
Content of Reports
Citation: Ann. Code § 37-1-403
To the extent known by the reporter, the report shall include:
The name, address, and age of the child
The name and address of the person responsible for the care of the child
The facts requiring the report
Any other pertinent information
Special Reporting Procedures
Suspicious Deaths
Citation: Ann. Code §§ 37-1-403; 37-1-605
A mandated reporter who has reasonable cause to suspect that a child has died as a result of child abuse or neglect or sexual abuse shall report such suspicion to the medical examiner. The medical examiner shall accept the report for investigation and shall report the medical examiner's findings, in writing, to the local law enforcement agency, the appropriate district attorney general, and the department.
Substance-Exposed Infants
Not addressed in statutes reviewed.
Screening Reports
Citation: Ann. Code §§ 37-1-406; 37-1-606
The department shall be capable of receiving and investigating reports of child abuse 24 hours a day, 7 days a week. The county office shall make a thorough investigation promptly after receiving a report of harm. All representatives of the child protective services agency shall, at the initial time of contact with the subject of a child abuse and neglect investigation, advise the individual of the complaints or allegations made against him or her. If it appears that the immediate safety or well-being of a child is endangered, that the family may flee or the child will be unavailable, or the facts otherwise warrant, the department shall commence an investigation immediately, regardless of the time of day or night.
In cases involving child sexual abuse, the investigation shall be conducted by a child protective investigation team. In the event an immediate investigation has been initiated, the department shall notify the child protection team as soon as possible, and the team shall proceed with the investigation. Other cases of child abuse may be investigated by the team at the discretion of each individual team.
No later than 60 days after receiving the initial report, the department or team shall determine whether the reported abuse was indicated or unfounded, and report its findings to the department's abuse registry.
Mandatory Reporters of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Mandatory Reporters of Child Abuse and Neglect: Summary of State Laws (PDF - 633 KB) publication.
Professionals Required to Report
Citation: Ann. Code §§ 37-1-403; 37-1-605
Persons required to report include:
Physicians, osteopaths, medical examiners, chiropractors, nurses, hospital personnel, or other health or mental health professionals
School teachers, other school officials or personnel, daycare center workers, or other professional child care, foster care, residential, or institutional workers
Social workers
Practitioners who rely solely on spiritual means for healing
Judges or law enforcement officers
Neighbors, relatives, or friends
Other persons
Reporting by Other Persons
Citation: Ann. Code §§ 37-1-403; 37-1-605
Any person who has knowledge that a child has been harmed by abuse or neglect must report.
Standards for Making a Report
Citation: Ann. Code §§ 37-1-403; 37-1-605
A report is required when:
A person has knowledge that a child has been harmed by abuse or neglect.
A person is called upon to render aid to any child who is suffering from an injury that reasonably appears to have been caused by abuse.
A person knows or has reasonable cause to suspect that a child has been sexually abused.
A physician diagnoses or treats any sexually transmitted disease in a child age 13 or younger.
Privileged Communications
Citation: Ann. Code § 37-1-411
The following privileges may not be claimed:
Husband-wife
Psychiatrist-patient or psychologist-patient
Inclusion of Reporter's Name in Report
Not addressed in statutes reviewed.
Disclosure of Reporter Identity
Citation: Ann. Code § 37-1-409
Except as may be ordered by the juvenile court, the name of any person reporting child abuse or neglect shall not be released to any person, other than employees of the department or other child protection team members responsible for child protective services, the abuse registry, or the appropriate district attorney general upon subpoena of the Tennessee Bureau of Investigation, without the written consent of the person reporting.
The reporter's identity shall be irrelevant to any civil proceeding and shall, therefore, not be subject to disclosure by order of any court. This shall not prohibit the subpoenaing of a person reporting child abuse when deemed necessary by the district attorney general or the department to protect a child who is the subject of a report; provided, that the fact that such person made the report is not disclosed.
Parental Drug Use As Child Abuse
To better understand this issue and to view it across States, see the Parental Drug Use As Child Abuse: Summary of State Laws (PDF - 324 KB) publication.
Citation: Tenn. Code Ann. § 37-1-102(21)(D) (LexisNexis through 2008 Reg. Sess.)
Statute Text:
''Severe child abuse'' means knowingly allowing a child to be present within a structure where the act of creating methamphetamine is occurring.
Penalties for Failure to Report and False Reporting of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Penalties for Failure to Report and False Reporting of Child Abuse and Neglect: Summary of State Laws (PDF - 166 KB) publication.
Failure to Report
Ann. Code § 37-1-412
Any person who knowingly fails to make a report required by § 37-1-403 commits a Class A misdemeanor.
A person believed to have violated this section shall be brought before the court. If the defendant pleads not guilty, the juvenile court judge shall bind the defendant over to the grand jury. If the defendant pleads guilty, the juvenile court judge shall sentence the defendant under this section with a fine not to exceed $2,500.
False Reporting
Ann. Code Ann. § 37-1-413
Any person who either verbally or by written or printed communication knowingly and maliciously reports or causes, encourages, aids, counsels, or procures another to report a false accusation of child sexual abuse commits a Class E felony.
Review and Expunction of Central Registries and Reporting Records
To better understand this issue and to view it across States, see the Review and Expunction of Central Registries and Reporting Records: Summary of State Laws (PDF - 502 KB) publication.
Right of the Reported Person to Review and Challenge Records
Not addressed in statutes reviewed.
When Records Must Be Expunged
Not addressed in statutes reviewed.
CHILD WELFARE:
Case Planning for Families Involved With Child Welfare Agencies
To better understand this issue and to view it across States, see the Case Planning for Families Involved With Child Welfare Agencies: Summary of State Laws (PDF - 696 KB) publication.
When Case Plans Are Required
Citation: Ann. Code § 37-2-403
Within 30 days of the date of foster care placement, an agency shall prepare a plan of care or permanency plan for each child in its foster care.
Who May Participate in the Case Planning Process
Citation: Ann. Code § 37-2-403; 29-5 Admin. Reg. 27
The agency shall prepare the plan.
The plan shall be presented to the parent or guardian and approved by the court.
[The following is the Tennessee Administrative Register.]
Kinship foster parents shall be involved in the development of the permanency plan.
Contents of a Case Plan
Ann. Code § 37-2-403; 27-5 Admin. Reg. 17
The plan shall include a goal for each child of:
Return of the child to his or her parent
Permanent placement of the child with a fit and willing relative or relatives of the child
Adoption, giving appropriate consideration to § 36-1-115(g), when applicable
Permanent guardianship
A planned permanent living arrangement
The permanency plan for any child in foster care shall include a statement of responsibilities between the parents, the agency, and the caseworker of such agency. Such statements shall include the responsibilities of each party in specific terms and shall be reasonably related to the achievement of the goal.
In cases involving child abuse or child neglect, with such child being placed in foster care, the statement of responsibilities shall stipulate that the abusing or neglecting parent shall receive appropriate rehabilitative assistance through mental health consultation if so ordered by the court.
The plan for a child who remains in foster care for 1 year may be modified to a long-term agreement between a foster parent and the agency charged with the caring and custody of the child. Such agreements with foster parents shall include:
Appropriate arrangements for the child
Procedures for the termination of the agreement by either party when in the best interests of the child
The statement of responsibilities on a permanency plan that is ordered by the court shall empower the State agency to select any specific residential or treatment placement or programs for the child according to the determination made by the agency, its employees, agents, or contractors.
[The following is the Tennessee Administrative Register.]
The plan of care for a child in foster care is a written document that includes the following:
A description of the type of home or institution in which a child is to be placed, including a discussion of the appropriateness of the placement. The plan should describe efforts to place the child in the least restrictive, familylike setting available and in close proximity to the parents' home, consistent with the best interest and special needs of the child.
The plan should provide assurance that the child receives proper care and that services are provided to the child and foster parents or providers in order to improve the conditions in the parents' home, facilitate return of the child to his or her own home or the permanent placement of the child, and address the needs of the child while in foster care, including a discussion of the appropriateness of the services that have been provided to the child and parents under the plan.
To the extent available and accessible, the plan must include health and education information regarding the child.
Where appropriate, for a child age 16 or over, the plan also must include a written description of the programs and services that will help such child prepare for the transition from foster care to independent living.
The plan must address the visitation between the child and his or her parents, child support, and possible consequences for failure to comply with the plan.
Concurrent Planning for Permanency for Children
To better understand this issue and to view it across States, see the Concurrent Planning for Permanency for Children: Summary of State Laws (PDF - 200 KB) publication.
Citation: Tenn. Code Ann. § 37-1-166(g)(6) (LexisNexis through 2006 Sess.)
Statute Text:
Reasonable efforts to place a child for adoption or with a legal guardian may be made concurrently with reasonable efforts [to preserve and reunify the family].
Court Hearings for the Permanent Placement of Children
To better understand this issue and to view it across States, see the Court Hearings for the Permanent Placement of Children: Summary of State Laws (PDF - 528 KB) publication.
Schedule of Hearings
Citation: Ann. Code §§ 37-1-166; 37-2-404; 37-3-409
A review hearing shall be held within 90 days of placement and every 6 months thereafter.
A permanency hearing shall be held:
Within 12 months of placement and every 12 months thereafter
Within 30 days of a finding that reasonable efforts to reunify are not required
For a child who is age 17 or older, 3 months prior to his or her planned release to independent living
Persons Entitled to Attend Hearings
Citation: Ann. Code §§ 37-2-404; 37-2-409
Unless parental rights have been surrendered or terminated, notice of the permanency plan review shall be provided to the parent(s) of the child and the parent(s) shall have the right to attend and participate in the review.
The child shall be present for the permanency hearing. The only exceptions to the child's mandatory attendance shall be a child who is either under a doctor's care preventing the child from attending or is placed outside the State. In such event, the court shall require the guardian ad litem, case manager for the Department of Children's Services, or other case manager of the child to attest that the child, if age appropriate, participated in the development of the permanency plan or has been counseled on the provisions of the permanency plan.
Determinations Made at Hearings
Citation: Ann. Code §§ 37-2-404; 37-3-409
At the permanency plan review, the court shall:
Determine the safety of the child
Determine the necessity and appropriateness of continued foster care placement
Assess the compliance of all parties to the statement of responsibilities
Determine the extent of progress in alleviating or mitigating the causes necessitating placement in foster care and in achieving the goals contained in the permanency plan
Project a likely date on which the goal of the plan will be achieved
The purpose of the permanency hearing shall be to:
Review the permanency plan and goals for the child
Address which goals continue to be appropriate for the child in order to achieve permanent placement
Determine a timeline for achieving each goal
Determine the extent of compliance of all parties with the terms of the permanency plan and the extent of progress in achieving the goals of the plan
In the case of a child who has reached age 16, the court shall review and ratify an independent living plan for the child. At the hearing for a child who has reached age 17, the court shall ensure that the child has notice of and understands the child's opportunity to receive, if eligible, all available voluntary post-custody services from the department by having the department present evidence regarding services that are available to the child beginning at age 18.
Permanency Options
Citation: Ann. Code §§ 37-2-403; 37-2-409
The permanency plan for the child shall state a permanency goal, including:
Return to the parent
Permanent placement with a fit and willing relative
Placement for adoption
Referral for permanent guardianship
Another planned permanent living arrangement
Placement in another planned permanent living arrangement shall only be appropriate in cases where the State agency has documented a compelling reason for determining that the other goals would not be in the best interests of the child because of the child's special needs or circumstances.
Criminal Background Checks for Prospective Foster and Adoptive Parents
To better understand this issue and to view it across States, see the Criminal Background Checks for Prospective Foster and Adoptive Parents: Summary of State Laws (PDF - 553 KB) publication.
Requirements for Foster Parents
Citation: Ann. Code § 37-5-511
Each person applying to work with children in any capacity shall complete a criminal history disclosure form and shall agree to release all records relating to his or her criminal history to the department for the purpose of verifying the accuracy of criminal violation information contained on the disclosure form.
Such persons also shall submit to a fingerprint-based criminal history records check to be conducted through the Tennessee Bureau of Investigation.
Conviction of an offense involving the physical, sexual, or emotional abuse of a child or any offense involving violence against a child or any person or an offense determined by the department to present a threat to the health, safety, or welfare of children shall disqualify the individual from employment that provides access to children.
Requirements for Adoptive Parents
Citation: Ann. Code § 36-1-116; Code of Rules & Regs. R. 0250-4-9-.09
A home study is required of a prospective adoptive parent to determine his or her suitability to adopt a child.
[The following is from the Code of Rules and Regulations.] The adoptive home study shall include the caseworkers' evaluation of the applicants' suitability as adoptive parents and recommendations as to approval of the home.
Determining the Best Interests of the Child
To better understand this issue and to view it across States, see the Determining the Best Interests of the Child: Summary of State Laws (PDF - 385 KB) publication.
Citation: Tenn. Code Ann. § 36-1-101(d) (LexisNexis through 2007 Reg. Sess.)
Statute Text:
In all cases, when the best interests of the child and those of the adults are in conflict, such conflict shall always be resolved to favor the rights and the best interests of the child, which interests are hereby recognized as constitutionally protected, and, to that end, this part shall be liberally construed.
Citation: Tenn. Code Ann. § 36-1-113(i) (LexisNexis through 2007 Reg. Sess.)
Statute Text:
In determining whether termination of parental or guardianship rights is in the best interests of the child pursuant to this part, the court shall consider, but is not limited to, the following:
Whether the parent or guardian has made such adjustment of circumstance, conduct, or conditions as to make it safe and in the child's best interests to be in the home of the parent or guardian
Whether the parent or guardian has failed to effect a lasting adjustment after reasonable efforts by available social services agencies for such duration of time that lasting adjustment does not reasonably appear possible
Whether the parent or guardian has maintained regular visitation or other contact with the child
Whether a meaningful relationship has otherwise been established between the parent or guardian and the child
The effect a change of caretakers and physical environment is likely to have on the child's emotional, psychological, and medical condition
Whether the parent or guardian, or other person residing with the parent or guardian, has shown brutality, physical, sexual, emotional, or psychological abuse, or neglect toward the child or another child or adult in the family or household
Whether the physical environment of the parent's or guardian's home is healthy and safe, whether there is criminal activity in the home, or whether there is such use of alcohol or controlled substances as may render the parent or guardian consistently unable to care for the child in a safe and stable manner
Whether the parent's or guardian's mental and/or emotional status would be detrimental to the child or prevent the parent or guardian from effectively providing safe and stable care and supervision for the child
Whether the parent or guardian has paid child support consistent with the child support guidelines
Grounds for Involuntary Termination of Parental Rights
To better understand this issue and to view it across States, see the Grounds for Involuntary Termination of Parental Rights: Summary of State Laws (PDF - 444 KB) publication.
Circumstances That Are Grounds for Termination of Parental Rights
Ann. Code § 36-1-113
Termination of parental rights must be based upon:
A finding by the court by clear and convincing evidence that the grounds for termination of parental or guardianship rights have been established.
The termination of the parent's rights is in the best interests of the child.
Initiation of termination of parental rights may be based upon any of the following grounds:
Abandonment by the parent has occurred.
There has been substantial noncompliance by the parent with the permanency plan or a plan of care.
The child has been removed from the home of the parent for 6 months and:
The conditions that led to the child's removal that in all reasonable probability would cause the child to be subjected to further abuse or neglect still persist.
There is little likelihood that these conditions will be remedied at an early date so that the child can be safely returned home in the near future.
The continuation of the parent-child relationship greatly diminishes the child's chances of early integration into a safe, stable, and permanent home.
The parent has been found to have committed severe child abuse against the child who is the subject of the petition or against any sibling, half-sibling, or any other child residing temporarily or permanently in the home of the parent.
The parent has been sentenced to more than 2 years' imprisonment for conduct against the child who is the subject of the petition, or for conduct against any sibling, half-sibling, or any other child residing temporarily or permanently in the home of the parent.
The parent has been incarcerated for 10 or more years, and the child is under age 8 at the time.
The parent has been convicted of the intentional and wrongful death of the child's other parent or legal guardian.
The parent has been found to be mentally incompetent to provide for the further care and supervision of the child.
The parent has failed, without good cause or excuse, to pay a reasonable share of prenatal, natal, and postnatal expenses involving the birth of the child.
The parent has failed, without good cause or excuse, to support the child in accordance with the child support guidelines.
The parent has failed to seek reasonable visitation with the child, and if visitation has been granted, has failed to visit altogether, or has engaged in only token visitation.
The parent has failed to manifest an ability and willingness to assume legal and physical custody of the child.
Placing custody of the child in the parent's legal and physical custody would pose a risk of substantial harm to the physical or psychological welfare of the child.
A birth father has failed to file a petition to establish paternity of the child within 30 days after notice of alleged paternity by the child's mother.
The department shall file a petition to terminate the parental rights of the child's parents under the following circumstances:
The child has been in foster care for 15 of the most recent 22 months.
A court of competent jurisdiction has determined a child to be an abandoned infant.
The parent has:
Committed murder or manslaughter of any sibling or half-sibling of the child
Aided, abetted, attempted, conspired, or solicited to commit such murder or a voluntary manslaughter
Committed a felony assault that has resulted in serious bodily injury or severe child abuse to the child or any sibling or half-sibling
A juvenile court has made a finding of severe child abuse.
Circumstances That Are Exceptions to Termination of Parental Rights
Ann. Code § 36-1-113
At the option of the department, the department may determine that a petition to terminate the parental rights of the child's parents shall not be filed if one of the following exists:
The child is being cared for by a relative.
The department has documented in the permanency plan a compelling reason for determining that filing such a petition would not be in the best interests of the child.
The department has not made reasonable efforts to provide to the family of the child, consistent with the time period in the department permanency plan, such services as the department deems necessary for the safe return of the child to the child's home.
Infant Safe Haven Laws
To better understand this issue and to view it across States, see the Infant Safe Haven Laws: Summary of State Laws (PDF - 660 KB) publication.
Infant's Age
Ann. Code § 68-11-255
An infant who is 72 hours old or younger may be relinquished.
Who May Relinquish the Infant
Ann. Code § 68-11-255
The infant may be relinquished by his or her mother.
Who May Receive the Infant
Ann. Code § 68-11-255
Any facility shall receive possession of any newborn infant left on facility premises with any facility employee or member of the professional medical community, if the infant:
Was born within the preceding 72 hours, as determined within a reasonable degree of medical certainty
Is left in an unharmed condition
Is voluntarily left by a person who purports to be the child's mother and who does not express an intention of returning for the infant
''Facility'' means any hospital, birthing center, community health clinic, and any out patient walk-in clinic.
Responsibilities of the Safe Haven Provider
Ann. Code § 68-11-255
The facility, any facility employee, and any member of the professional medical community at such facility shall inquire, whenever possible, about the medical history of the mother or newborn, and whenever possible, shall seek the identity of the mother, infant, or the father of the infant. The facility shall also inform the mother that she is not required to respond, but that the information will facilitate the adoption of the child.
The facility may provide the parent with contact information regarding relevant social service agencies, shall provide the mother with the name, address, and phone number of the department contact person, and shall encourage the mother to involve the Department of Children's Services in the relinquishment of the infant. If practicable, the facility shall also provide the mother with both orally delivered and written information concerning the requirements of this section, § 36-1-142, and § 36-2-318 [putative father registry] relating to recovery of the child and abandonment of the child.
The facility, any facility employee, and any member of the professional medical community at the facility shall perform any act necessary to protect the physical health and safety of the child.
As soon as reasonably possible, and no later than 24 hours after receiving a newborn infant, the facility shall contact the Department of Children's Services, but shall not do so before the mother leaves the facility. Upon receipt of notification, the department shall immediately assume care, custody, and control of the infant.
Immunity for the Provider
Ann. Code § 68-11-255
Notwithstanding any provision of law to the contrary, any facility, any facility employee, and any member of the professional medical community shall be immune from any criminal or civil liability for damages as a result of any actions taken pursuant to the requirements of this section and § 36-1-142, and no lawsuit shall be predicated thereon. However, nothing in this section and § 36-1-142 shall be construed to abrogate any existing standard of care for medical treatment or to preclude a cause of action based upon violation of such existing standard of care for medical treatment.
Protection for Relinquishing Parent
Ann. Code § 68-11-255
Any information obtained concerning the identity of the mother, infant, or other parent shall be kept confidential and may only be disclosed to the Department of Children's Services for use consistent with the purposes of this section, § 36-1-142, and § 36-2-318.
No criminal prosecution shall be based upon a mother's act of voluntarily delivering her unharmed infant at a facility pursuant to this section if the mother acts in full compliance with this section.
Effect on Parental Rights
Ann. Code § 36-1-142
Failure of the mother to visit or seek contact with the infant for 30 days after the date of relinquishment, and failure to seek contact with the infant through the department or to revoke the voluntary delivery within 30 days after notice was given, which shall cumulatively be no less than 90 days after the child was relinquished, shall be a basis for termination of parental rights.
A mother who voluntarily delivers an infant may revoke such voluntary delivery by applying to the court no later than 30 days after notice was given. After 30 days, no voluntary delivery shall be set aside except upon clear and convincing evidence of duress, fraud, or intentional misrepresentation.
Within 10 days of receipt of an infant, the department shall give notice once a week for 4 consecutive weeks in a newspaper where the voluntary delivery occurred. The notice shall include information to inform the putative father how to claim paternity and the mother how to revoke voluntary delivery. The notice shall specify that failure to seek contact with the infant through the department or to revoke the voluntary delivery within 30 days of the last publication of notice shall constitute abandonment of the infant and of the mother's interest.
The notice shall specify that any father who fails to claim paternity by contacting the department or registering with the putative father registry within 30 days of the last publication shall be barred from thereafter bringing any action to establish paternity of the infant. It shall also specify that such failure shall constitute abandonment of any right to notice of, or to participate in, any judicial proceeding for the adoption of such infant, and that consent of such putative father shall not be required for adoption of the infant.
Online Resources for State Child Welfare Law and Policy
To better understand this issue and to view it across States, see the Online Resources for State Child Welfare Law and Policy (PDF - 472 KB) publication.
Statutes:
Website for Statutes: http://michie.lexisnexis.com/tennessee/lpext.dll?f=templates&fn=main-h.htm&cp=
Citations:
Adoption: Title 36, Chapter 1
Child Protection: Title 37, Chapter 1, Parts 1, 4, 6
Child Welfare: Title 37, Chapter 1, Part 1; Chapter 2, Parts 2 through 4; Chapter 3, Part 6; Chapter 4, Part 2
Regulation/Policy
Website for Administrative Code: www.state.tn.us/sos/rules/rules2.htm
Note:
See Chapters 0250, 1240
Website for Agency Policies: http://state.tn.us/youth/dcsguide/policies.htm
Other Resources
Department of Children's Services
Manuals and Handbooks
www.tn.gov/youth/dcsguide/manuals.htm
The Tennessee Handbook for Parents and Guardians in Child Abuse & Neglect Cases
www.tsc.state.tn.us/geninfo/Programs/Parenting/Parents%20handbook3.pdf (PDF - 191 KB)
Resource Parent Handbook
http://state.tn.us/youth/fostercare/handbook.pdf (PDF - 4540 KB)
Provider Policies and Manuals
http://state.tn.us/youth/providers.htm
Placement of Children With Relatives
To better understand this issue and to view it across States, see the Placement of Children With Relatives: Summary of State Laws (PDF - 310 KB) publication.
Relative Placement for Foster Care and Guardianship
Citation: Ann. Code §§ 37-2-403; 37-2-414
Whenever return of a child to his or her parent is not in the best interests of the child, the relative with whom the child was temporarily placed after removal from the parents shall be given priority for permanent placement or adoption of the child prior to pursuing adoptive placement of such child with a nonrelative.
When a child has been removed from his or her home and is in the care, custody, or guardianship of the department, the department shall attempt to place the child with a relative for kinship foster care.
Relatives within the first, second, or third degree to the parent or stepparent of the child through blood, marriage, or adoption may be eligible for approval.
Requirements for Placement with Relatives
Citation: Ann. Code §§ 37-2-403; 37-2-414
If the relative is approved to provide foster care services, he or she may receive payment for the full foster care rate for the care of the child and any other benefits that might be available to foster parents, whether in money or in services.
The department shall establish, in accordance with the provisions of this section, eligibility standards for becoming a kinship foster parent. These standards include:
The kinship foster parent must be age 21 or older, except that if the spouse or partner of the relative is age 21 or older and living in the home, and the relative is between age 18 and 21, the department may waive the age requirement.
A person may become a kinship foster parent only upon the completion of an investigation to ascertain if there is a State or Federal record of criminal history for the prospective kinship foster parent or any other adult residing in the prospective parent's home.
A prospective kinship foster parent shall supply fingerprint samples and submit to a criminal history records check to be conducted by the Tennessee Bureau of Investigation and the Federal Bureau of Investigation.
Relatives Who May Adopt
Citation: Ann. Code §§ 36-1-102(42); 36-1-115
A person may seek to adopt a child who is related to him or her. ''Related'' means grandparents, any degree of great-grandparents, aunts, uncles, any degree of great-aunts or great-uncles, stepparents, cousins of the first degree, or any siblings of the whole or half-degree.
If the child becomes available for adoption while in foster care, the foster parents shall be given first preference to adopt the child if the child has resided in the foster home for 12 or more consecutive months immediately preceding the filing of an adoption petition.
Requirements for Adoption by Relatives
Citation: Ann. Code § 36-1-115
In the case of an adoption by relatives, the requirement to have been a resident of the State for at least 6 months shall not apply if the petitioner is an actual resident of this State at the time the petition is filed.
In becoming adoptive parents, the foster parents shall meet all requirements otherwise imposed on persons seeking to adopt children in the custody of the department.
Reasonable Efforts to Preserve or Reunify Families and Achieve Permanency for Children
To better understand this issue and to view it across States, see the Reasonable Efforts to Preserve or Reunify Families and Achieve Permanency for Children: Summary of State Laws (PDF - 368 KB) publication.
What Are Reasonable Efforts
Citation: Ann. Code § 37-1-166
''Reasonable efforts'' mean the exercise of reasonable care and diligence by the department to provide services related to meeting the needs of the child and the family
When Reasonable Efforts Are Required
Citation: Ann. Code § 37-1-166
Reasonable efforts must be made:
To prevent the need for removal of the child from the child's family
To make it possible for the child to return home
If continuation of reasonable efforts is determined to be inconsistent with the permanency plan for the child, to place the child in a timely manner in accordance with the permanency plan and to complete whatever steps are necessary to finalize the permanent placement of the child
When Reasonable Efforts Are NOT Required
Citation: Ann. Code §§ 36-1-102(9); 37-1-166
Reasonable efforts shall not be required if a court has determined that:
The parent has subjected the child or any child in the household to aggravated circumstances, including abandonment, aggravated assault, kidnapping, severe child abuse, sexual exploitation of a minor, rape, or incest.
The parent has committed murder or manslaughter of any sibling or other child residing in the household, or aided, abetted, or attempted such crime.
The parent has committed a felony assault that resulted in serious bodily injury to the child or other child residing in the household.
The parental rights of the parent to another child have been terminated involuntarily.
Standby Guardianship
To better understand this issue and to view it across States, see the Standby Guardianship: Summary of State Laws (PDF - 256 KB) publication.
These issues are not addressed in statutes reviewed.
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