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TCA 37-1-113

Taking into custody – Grounds

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What does this charge mean?

This statute explains when a child can be taken into custody (held by authorities). A child can be taken into custody by court order, under arrest laws, if officers have reasonable grounds to believe the child meets detention criteria, or if the child has run away. Being taken into custody is not the same as arrest for children, except for constitutional purposes.

Penalty Details

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Penalty SummaryClassification not specified
(a) A child may be taken into custody: (A) A person under eighteen (18) years of age. See Tennessee Code 37-1-102Custodian: 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 37-1-102Custody: 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 37-1-102Department: means the department of children's services. See Tennessee Code 37-1-102Guardian: 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.(1) Pursuant to an order of the court under this part; (2) Pursuant to the laws of arrest; (3) By a law enforcement officer, social worker of the department of human services, or duly authorized officer of the court, if there are reasonable grounds to believe that the conditions specified in § 37-1-114(a)(2) exist; or (4) By a law enforcement officer or duly authorized officer of the court if there are reasonable grounds to believe that the child has run away from the child’s parents, guardian or other custodian. (b) The taking of a child into custody is not an arrest, except for the purpose of determining its validity under the Constitution of Tennessee or the Constitution of the United States.
View on official sourceLast verified: Feb 25, 2026

Quick Facts

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TCA Section37-1-113
Recent Bookings8+

Geographic Distribution

Putnam
57
Loudon
20
Monroe
17
Marion
12
Sullivan
10
Gibson
10
Coffee
5
Robertson
4
Fayette
4
Carter
4
Blount
4
Scott
3

+ 4 more counties