IF

(1) a juvenile court commits a child to the temporary legal custody of the department under § 37-1-175,

THEN

criminal case

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Terms Used In Tennessee Code 37-1-176

  • Child: means :
    (A) A person under eighteen (18) years of age. 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
  • 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 37-1-102
(2) the department shall provide the necessary care, training, or treatment for the child in the least drastic alternative way that is available and suitable to meet the child’s needs, AND
(3) community mental health centers and community programs that receive grants or contracts from the department to provide such services to children shall, at the direction of the department, provide the community-based services necessary to meet the child’s needs for treatment in the least drastic alternative to hospitalization, AND

IF AND ONLY IF

(4)

(A) placing the child in inpatient care in a hospital or treatment resource is the least drastic alternative way that is available to the department and is suitable to meet the child’s needs,

THEN

(B) the department shall apply for the child’s admission to a hospital or treatment resource under title 33, chapter 6, part 2 or 4 or shall initiate proceedings under title 33, chapter 6, part 5.
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