TCA 37-1-171
Written orders – Presumptions – Forms
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What does this charge mean?
When a court orders a child placed with the Department of Children's Services, it must do so in writing stating why the child is being committed (dependent, neglected, unruly, or delinquent). If the written order does not clearly state which reason applies, it will be assumed the child was found dependent and neglected.
Penalty Details
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Penalty SummaryClassification not specified
(a) When a court desires to commit a child to the department of children’s services under this part, it shall do so by written order that finds that the child has been adjudicated dependent and neglected, unruly, delinquent or meets the criteria in § 37-1-175. If the written order fails to make a specific adjudication of the child, it shall be presumed that the court has found the child dependent and neglected. Commitments to the department shall be consistent with all other laws regarding adjudication and commitment to the department. Nothing in this part shall be interpreted as prohibiting taking children into emergency protective services custody without a prior adjudication. (A) A person under eighteen (18) years of age. 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 37-1-102Dependent: A person dependent for support upon another.written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105(b) When a court commits a child to the department, the court shall address the issue of child support under § 37-1-151(b). (c) The department shall prepare a form for the court to use when committing a child to custody. Such form shall be completed and transmitted along with the court’s commitment order to the department at the time of the child’s commitment.
View on official sourceLast verified: Feb 25, 2026
Quick Facts
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TCA Section37-1-171