(a) As used in this section, “investigating agency” means the department of children’s services or a law enforcement agency that is conducting a child abuse or child neglect investigation.

Attorney's Note

Under the Tennessee Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class E felony1 to 6 yearsup to $3,000
class A misdemeanorup to 11 monthsup to $2,500
For details, see Tenn. Code § 40-35-111
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Terms Used In Tennessee Code 49-6-3025

  • 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.
  • 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
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(b) A parent, guardian, or other legal custodian required to cause a child to attend school in accordance with § 49-6-3001 shall not withdraw, transfer, or in any way alter a child’s current enrollment in school with intent to hinder an active child abuse or child neglect investigation.
(c) It is a defense to prosecution for an offense under this section that the parent, guardian, or legal custodian received written confirmation from the investigating agency that the investigating agency has been notified of the child’s change in enrollment and has confirmed that the change in enrollment would not hinder the agency’s investigation.
(d) An investigating agency conducting a child abuse or child neglect investigation that receives a written notification of intent to withdraw, transfer, or alter a child’s enrollment in school must respond to the request within forty-eight (48) hours.
(e) A violation of subsection (b) is a Class A misdemeanor.
(f) A violation of subsection (b) is a Class E felony if the parent, guardian, or legal custodian takes the child out of state.
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