[Effective 7/1/2024]

(a) If the child is found to be dependent or neglected, the court may make any of the following orders of disposition best suited to the protection and physical, mental and moral welfare of the child:

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Terms Used In Tennessee Code 37-1-130 v2

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Child: means :
    (A) A person under eighteen (18) years of age. See Tennessee Code 37-1-102
  • Custodian: means a person, other than a parent or legal guardian, who stands in loco parentis to the child or a person to whom temporary legal custody of the child has been given by order of a court. See Tennessee Code 37-1-102
  • Custody: means the control of actual physical care of the child and includes the right and responsibility to provide for the physical, mental, moral and emotional well-being of the child. See Tennessee Code 37-1-102
  • Department: means the department of children's services. See Tennessee Code 37-1-102
  • Dependent: A person dependent for support upon another.
  • Detention: means temporary confinement in a secure or closed type of facility that is under the direction or supervision of the court or a facility that is designated by the court or other authority as a place of confinement for juveniles. See Tennessee Code 37-1-102
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Juvenile court: means the general sessions court in all counties of this state, except in those counties and municipalities in which special juvenile courts are provided by law, and "judge" means judge of the juvenile court. See Tennessee Code 37-1-102
  • Nonjudicial days: means Saturdays, Sundays and legal holidays. See Tennessee Code 37-1-102
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
  • Severe child abuse: means :
    (A)
    (i) The knowing exposure of a child to or the knowing failure to protect a child from abuse or neglect that is likely to cause serious bodily injury or death and the knowing use of force on a child that is likely to cause serious bodily injury or death. See Tennessee Code 37-1-102
  • Shelter care: means temporary care of a child in physically unrestricted facilities. See Tennessee Code 37-1-102
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(1) Subject to the restrictions of § 37-1-129(c), permit the child to remain with the child’s parents, guardian or other custodian, subject to conditions and limitations as the court prescribes, including supervision as directed by the court for the protection of the child;
(2) Subject to the restrictions of § 37-1-129(c), and subject to conditions and limitations as the court prescribes, transfer temporary legal custody to or grant permanent guardianship in accordance with part 8 of this chapter to any of the following:

(A) Any individual who, after study by the probation officer or other person or agency designated by the court, is found by the court to be qualified to receive and care for the child;
(B) The department of children’s services:

(i) Any child placed in the custody of the department of children’s services shall become a resident of the county in which such child is placed by the department. The board of education of each local school system shall assign the student to a public school pursuant to § 49-6-3102;
(ii) In order to assure appropriate placement for students with disabilities, the procedures required by the state board of education must be followed;
(iii) If a student is determined to be a child with disabilities as defined by state and federal laws and regulations and, therefore, entitled to special education and related services, a multi-disciplinary team of the receiving school system must be convened prior to the placement of the child in the school system for the purpose of developing an appropriate educational program. The department shall notify the receiving school system as far in advance of the intended placement as possible. A representative from the department must be present at the multi-disciplinary team meeting;
(iv) Placements in educational programs not following the requirements set forth in this section shall be the financial responsibility of the department of education;
(v) Any financial responsibility required under the provisions of this section for the education of children with disabilities whose parents are not residents of the county in which the children are placed shall be borne by the department of education and not by any local government. This provision shall not act to reduce federal funds for children with disabilities or special education going to any local education agency;
(C) An agency or other private organization licensed or otherwise authorized by law to receive and provide care for the child; or
(D) An individual in another state with or without supervision by an appropriate officer under § 37-1-142;
(3) In those counties having a county department of children’s services, commit the child to the custody of such county department; or
(4) Without making any of the foregoing orders, transfer custody of the child to the juvenile court of another state if authorized by and in accordance with § 37-1-141 if the child is or is about to become a resident of that state.
(b) Unless a child found to be dependent or neglected is found also to be delinquent, the child shall not be committed to or confined in an institution or other facility designed or operated for the benefit of delinquent children. Any disposition under this section shall be implemented as soon as possible after entry of the court’s order. A disposition under subdivision (a)(2) or (3) shall, in no event, result in the child’s detention in shelter care, as defined in § 37-1-116, or other temporary placement, without provision of necessary services consistent with the child’s assessments or evaluations, in excess of thirty (30) days after entry of the court’s order.
(c) Unless the court finds by clear and convincing evidence that the child will be provided a safe home free from further brutality, abuse, or neglect, the court shall not return a child who has been found to be a victim of severe child abuse to the custody or residence of a person who knowingly or with gross negligence either committed severe child abuse or failed to protect the child from severe child abuse, or who cannot be excluded as a perpetrator of severe child abuse. The court shall file written findings of fact that are the basis of the court’s conclusions on that issue no more than thirty (30) days after the close of the hearing or, if an appeal or petition for certiorari is filed, within five (5) days after the appeal or petition for certiorari is filed, excluding nonjudicial days. A severely abused child must not be returned under this subsection (c) without the consent of the department and the petitioner until five (5) days after entry of the order.
(d)

(1) When the department determines that a child who has been committed to the department under this section is ready to return home, the department shall notify the court in writing of its intention to place the child at home on a trial home visit. If the court objects to the trial home visit, it must notify the department of its objection in writing or set a hearing within fifteen (15) days of the date of the notice, with such hearing to be held at the earliest possible date. If the hearing is not set nor a written objection received within fifteen (15) days of the date of the notice, the department may place the child on a trial home visit. The notice shall include the provision that the department’s legal custody of the child shall terminate in ninety (90) days.
(2) If during the ninety-day period the department determines that the trial home visit is not in the child’s best interest and removes the child on an emergency basis or seeks to remove the child on a non-emergency basis, the department shall file a motion for review by the court of the trial home visit and shall provide notice to the parent or parents, guardian or other custodian. The court shall hold a hearing on such motion within three (3) days of an emergency removal and shall set a hearing within fifteen (15) days to be held at the earliest possible date if the motion seeks the court’s permission to make a non-emergency removal.
(3) During the ninety-day trial home visit, the court may periodically review the child’s status and may make any orders that the best interest of the child may require.
(4) Prior to making the notification required in subdivision (d)(1), the department must conduct an assessment of the home to determine whether the child will receive proper care and supervision in the home, including a visit to the home.
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