Part definitions – Harm to child’s health or welfare

(a) For purposes of this part and §§ 8-7-109, 37-1-152, 37-1-403, 37-1-406, 37-1-413 and 49-7-117, unless the context otherwise requires: (A) A person under eighteen (18) years of age. See Tennessee Code 37-1-102Custodian: 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 37-1-102Department: means the department of children's services. See Tennessee Code 37-1-102Foster parent: means , for purposes other than §. See Tennessee Code 37-1-102Guardian: 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.Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105(1) “Child care agency” is as defined in §§ 71-3-501 and 37-5-501; (2) “Child protection team” means the investigation team created by § 37-1-607; (3) (A) “Child sexual abuse” means the commission of any act involving the unlawful sexual abuse, molestation, fondling or carnal knowledge of a child under thirteen (13) years of age that prior to November 1, 1989, constituted the criminal offense of: (i) Aggravated rape under [former] § 39-2-603 [repealed]; (ii) Aggravated sexual battery under [former] § 39-2-606 [repealed]; (iii) Assault with intent to commit rape or attempt to commit rape or sexual battery under [former] § 39-2-608 [repealed]; (iv) Begetting child on wife’s sister under [former] § 39-4-307 [repealed]; (v) Crimes against nature under [former] § 39-2-612 [repealed]; (vi) Incest under [former] § 39-4-306 [repealed]; (vii) Promotion of performance including sexual conduct by minor under [former] § 39-6-1138 [repealed]; (viii) Rape under [former] § 39-2-604 [repealed]; (ix) Sexual battery under [former] § 39-2-607 [repealed]; or (x) Use of minor for obscene purposes under [former] § 39-6-1137 [repealed]; (B) “Child sexual abuse” also means the commission of any act involving the unlawful sexual abuse, molestation, fondling or carnal knowledge of a child under thirteen (13) years of age that on or after November 1, 1989, constituted the criminal offense of: (i) Aggravated rape under § 39-13-502; (ii) Aggravated sexual battery under § 39-13-504; (iii) Aggravated sexual exploitation of a minor under § 39-17-1004; (iv) Criminal attempt as provided in § 39-12-101 for any of the offenses in (a)(3)(B)(i)-(iii); (v) Especially aggravated sexual exploitation of a minor under § 39-17-1005; (vi) Incest under § 39-15-302; (vii) Rape under § 39-13-503; (viii) Sexual battery under § 39-13-505; or (ix) Sexual exploitation of a minor under § 39-17-1003; (C) “Child sexual abuse” also means one (1) or more of the following acts: (i) Any penetration, however slight, of the vagina or anal opening of one (1) person by the penis of another person, whether or not there is the emission of semen; (ii) Any contact between the genitals or anal opening of one (1) person and the mouth or tongue of another person; (iii) Any intrusion by one (1) person into the genitals or anal opening of another person, including the use of any object for this purpose, except that it shall not include acts intended for a valid medical purpose; (iv) The intentional touching of the genitals or intimate parts, including the breasts, genital area, groin, inner thighs, and buttocks, or the clothing covering them, of either the child or the perpetrator, except that it shall not include: (a) Acts that may reasonably be construed to be normal caretaker responsibilities, interactions with, or affection for a child; or (b) Acts intended for a valid medical purpose; (v) The intentional exposure of the perpetrator’s genitals in the presence of a child, or any other sexual act intentionally perpetrated in the presence of a child, if such exposure or sexual act is for the purpose of sexual arousal or gratification, aggression, degradation, or other similar purpose; (vi) The sexual exploitation of a child, which includes allowing, encouraging, or forcing a child to: (a) Solicit for or engage in prostitution; or (b) Engage in an act prohibited by § 39-17-1003; (vii) The commission of any act towards the child prohibited by § 39-13-309; and (D) For the purposes of the reporting, investigation, and treatment provisions of §§ 37-1-603 – 37-1-615 “child sexual abuse” also means the commission o