TCA 37-1-406
Availability for receiving reports – Commencement of investigations – Examination and observation of child – Reports – Services provided – Investigators – Interpreter for child who is deaf or hard of hearing
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What does this charge mean?
The Department of Children's Services must be able to receive and investigate reports of child abuse 24 hours a day, 7 days a week, and must start investigating immediately if a child's safety is in danger. When investigating child sexual abuse, the department must follow special procedures, and if a child is deaf or hard of hearing, the department must provide an interpreter.
Penalty Details
ClassificationUnknown
Penalty SummaryClassification not specified
(a) The department shall be capable of receiving and investigating reports of child abuse twenty-four (24) hours a day, seven (7) days a week. The county office shall make a thorough investigation promptly after receiving either an oral or written report of harm. All representatives of the child protective services agency shall, at the initial time of contact with the individual who is subject to a child abuse and neglect investigation, advise the individual of the complaints or allegations made against the individual consistent with laws protecting the rights of the informant. If it appears that the immediate safety or well being of a child is endangered, that the family may flee or the child will be unavailable, or that the facts otherwise warrant, the department shall commence an investigation immediately, regardless of the time of day or night. In the event the report involves child sexual abuse, the department shall follow the procedures outlined in subsection (b). (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.Juvenile 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 37-1-102Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105Report of harm: means a report filed under §. See Tennessee Code 37-1-401Severe child abuse: means : (A)(i) The knowing exposure of a child to or the knowing failure to protect a child from abuse or neglect that is likely to cause serious bodily injury or death and the knowing use of force on a child that is likely to cause serious bodily injury or death. 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(b) (1) In cases involving child sexual abuse, the investigation shall be conducted by a child protective investigation team as defined in § 37-1-602 relative to child sexual abuse pursuant to the provisions of § 37-1-606. In the event an immediate investigation has been initiated, the department shall notify the child protection team as soon as possible and the team shall proceed with the investigation in accordance with the provisions of chapter 478 of the Public Acts of 1985. Other cases of child abuse may be investigated by the team in the discretion of each individual team. (2) In cases involving a report of harm alleging facts that, if proved, would constitute severe child abuse as defined in § 37-1-102, the investigation must be conducted by a child protective investigation team pursuant to § 37-1-607. In the event an immediate investigation has been initiated, the department shall notify the child protection team as soon as possible, and the team shall proceed with the investigation in accordance with § 37-1-607. (c) All private schools, as defined by § 49-6-3001, church-related schools, as defined by § 49-50-801, and state, county and local agencies shall give the team access to records in their custody pertaining to the child and shall otherwise cooperate fully with the investigation. (d) The investigation shall include: (1) The nature, extent and cause of the harm, including a determination of whether there exists a threat of harm, and the nature and extent of any present or prior injuries or abuse; (2) The identity of the person responsible for it; (3) The nature and extent of any previous allegations, complaints, or petitions of abuse or dependency and neglect against the parent or person responsible for the care of the child; (4) The names and conditions of the other children in the home; (5) An evaluation of the parents or persons responsible for the care of the child, the home environment, and the relationship of each child to the parents or persons responsible for such child’s care; (6) The identity of any other persons in the same household; (7) The identity of any other children in the care of any adult residing in the household; and (8) All other pertinent data. (e) (1) The investigation shall include a visit to the child’s home, an interview with and the physical observation of the child, an interview with and the physical observation of any other children in the child’s home, and an interview with the parent or parents or other custodian of the child and any other persons in the child’s home. If the investigator deems it necessary, the investigation shall also include medical, psychological or psychiatric examinations of the child and any other children in the chi
View on official sourceLast verified: Feb 25, 2026
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TCA Section37-1-406