(a) A child may be taken into custody:

criminal case

Have a question?
Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Tennessee Code 37-1-113

  • Arrest: Taking physical custody of a person by lawful authority.
  • Child: means :
    (A) A person under eighteen (18) years of age. See Tennessee Code 37-1-102
  • Custodian: 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 37-1-102
  • Custody: 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 37-1-102
  • Department: means the department of children's services. See Tennessee Code 37-1-102
  • Guardian: 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.
  • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(1) Pursuant to an order of the court under this part;
(2) Pursuant to the laws of arrest;
(3) By a law enforcement officer, social worker of the department of human services, or duly authorized officer of the court, if there are reasonable grounds to believe that the conditions specified in § 37-1-114(a)(2) exist; or
(4) By a law enforcement officer or duly authorized officer of the court if there are reasonable grounds to believe that the child has run away from the child’s parents, guardian or other custodian.
(b) The taking of a child into custody is not an arrest, except for the purpose of determining its validity under the Constitution of Tennessee or the Constitution of the United States.
  Previous section
Next section  
 Part 1 Contents