(a) The parent or other person who is the physical custodian of a juvenile shall reimburse the state for any expenses incurred by the state in returning such juvenile to the department if:

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Terms Used In Tennessee Code 37-1-138

  • 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
  • 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
(1) The juvenile is in the legal custody of the department of children’s services;
(2) The juvenile has been temporarily released for a definite period of time to the physical custody of such parent or custodian; and
(3) The juvenile has not returned to the physical custody of the department at the time designated for such return in the temporary release.
(b) The department shall notify the parent or other custodian of this liability prior to release of such juvenile.
(c) The department has the authority to initiate an appropriate civil action in order to collect any proceeds to which it is entitled under the provisions of subsection (a). For any judgment rendered in the state’s favor, execution shall issue as provided by law.
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