Tennessee Code 37-1-183 – Dependent and neglected child to remain in related caregiver’s custody if in best interest of child
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Terms Used In Tennessee Code 37-1-183
- Caregiver: means any relative or other person living, visiting, or working in the child's home who supervises or otherwise provides care or assistance for the child, such as a babysitter, or who is an employee or volunteer with the responsibility for any child at an educational, recreational, medical, religious, therapeutic, or other setting where children are present. See Tennessee Code 37-1-102
- Child: means :
(A) A person under eighteen (18) years of age. 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
- Dependent: A person dependent for support upon another.
- 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.
If the court finds that a child is dependent and neglected as defined in § 37-1-102(b)(13)(J), the court shall order the child to remain in the related caregiver‘s custody if such an arrangement is in the best interest of the child. Any future order for modification or termination of the related caregiver’s custody brought by the child’s parent shall be based on a finding, by a preponderance of the evidence, that there has been a material change in circumstances. When making such a determination, the court may consider whether the child’s parent is currently able and willing to care for the child or that the related caregiver is unable to continue to care for the child.