TCA 37-1-180
Rights of child in hearing to review custody
PENDINGUnknown
What does this charge mean?
This statute says that if a court holds a hearing to decide whether to keep a child in the Department of Children's Services custody, the child has the same legal rights as in the original commitment hearing. The court can only keep the child in custody if it finds clear and convincing evidence (a very high legal standard) that the child still meets the commitment requirements. If the court doesn't find this evidence, custody ends immediately.
Penalty Details
ClassificationUnknown
Penalty SummaryClassification not specified
If the court sets a hearing to review the status of the child under § 37-1-179, the child shall have the same rights as in the original commitment proceeding under §§ 33-3-605, 33-3-608, 33-3-610 – 33-3-616, and 33-3-620. If and only if the court finds on the basis of clear, unequivocal, and convincing evidence that the child is subject to commitment to the custody of the department under § 37-1-175, the court may order that the child remain in the temporary legal custody of the department. If the court does not so find, the department’s custody terminates at the end of the hearing.
View on official sourceLast verified: Feb 25, 2026
Quick Facts
PENDING
TCA Section37-1-180