Investigations – Custody of child – Evaluation and commitment for mental illness or developmental disability

(a) (A) A person under eighteen (18) years of age. See Tennessee Code 37-1-102Commissioner: means commissioner of children's services. See Tennessee Code 37-1-102Contract: A legal written agreement that becomes binding when signed.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 37-1-102Custody: 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 37-1-102Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.Department: means the department of children's services. See Tennessee Code 37-1-102Dependent: A person dependent for support upon another.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.Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105Preliminary inquiry: means the process established by the Rules of Juvenile Practice and Procedure that is used to commence proceedings and to resolve complaints by excluding certain matters from juvenile court at their inception. See Tennessee Code 37-1-102Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.Probation: means casework service as directed by the court and pursuant to this part as a measure for the protection, guidance, and well-being of the child and child's family. See Tennessee Code 37-1-102State: 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 1-3-105written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105(1) When a child alleged to be delinquent or unruly is brought before the court, the court may notify a probation officer attached to the court or any such person, persons or agencies available to the court, or to the department of children’s services, and it shall be their duty to: (A) Make an investigation of the case or conduct a preliminary inquiry if one has not already been conducted; (B) Be present in court to report when the case is heard; (C) Furnish such information and assistance as the court may require; and (D) Take charge of any child before or after the hearing as may be directed by the court. (2) A probation officer shall have, as to any child committed to such officer’s care, the powers of a law enforcement officer. Subject to this part, the probation officer may bring such child before the court committing the child to the officer’s care for further action as the court may deem fit and proper. (b) [Deleted by 2016 amendment.] (c) (1) At any time prior to a child being adjudicated unruly or dependent and neglected, or before the disposition of a child who has been adjudicated delinquent, unruly or dependent and neglected, the court may order that the department make an assessment of the child and report the findings and recommendations to the court. Such order of referral shall confer authority to the department or its designees to transport the child and to obtain any necessary evaluations of the child without further consent of the parent(s), legal custodian or guardian. (2) If, during the evaluation or assessment, the department determines that there is a need for treatment for either the mental or physical well being of the child, consent of the parent(s), guardian or current legal custodian shall be obtained. If such consent cannot be obtained, the department may apply to the court for authorization to provide consent on behalf of the child. If a child is suspected of being in need of or is eligible for special education services, then state and federal laws governing evaluation and placement must be followed. (3) A report to the court of the department’s recommendations shall be made within fifteen (15) days, which may be extended up to thirty (30) days for good cause following the court’s order of referral. The department shall include in the report a review of the child’s previous records including, but not limited to, health and education records, a review of the child’s family history and current family status, and a written recommendation concerning the child’s status. (4) Any order of the court that places custody of a child with the department shall empower the department to select any specific residential or treatment placements or programs for the child according to the determination made by the department, its employees, agents or contractors. (d) D