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TCA 37-1-175

Temporary legal custody for children with mental illnesses

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What does this charge mean?

This statute allows a juvenile court to place a child under the temporary legal custody of the Department of Children's Services if the child is mentally ill and needs care or treatment for that illness, AND less drastic alternatives (like outpatient treatment) have been tried and don't work. The court must follow specific legal procedures to make this decision. This is not a criminal offense but rather a civil court order to get a child the mental health treatment they need.

Penalty Details

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Penalty SummaryClassification not specified
IF AND ONLY IF (1) a child is the subject of a proceeding under this chapter, AND (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 37-1-102Juvenile court: means the general sessions court in all counties of this state, except in those counties and municipalities in which special juvenile courts are provided by law, and "judge" means judge of the juvenile court. See Tennessee Code 37-1-102(2) the child is mentally ill, AND (3) the child needs care, training, or treatment because of the mental illness, AND (4) all available less drastic alternatives to committing the child to the temporary legal custody of the department are unsuitable to meet the child’s needs for care, training, or treatment for the mental illness, THEN (5) a juvenile court may commit the child to the temporary legal custody of the department in proceedings conducted in conformity with §§ 33-3-602 – 33-3-608, 33-3-610 – 33-3-620, and 33-6-505 – 33-6-508, to meet the child’s needs for care, training, or treatment for the mental illness.
View on official sourceLast verified: Feb 25, 2026

Quick Facts

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TCA Section37-1-175