(a)

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Terms Used In Tennessee Code 37-1-607

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Allegation: something that someone says happened.
  • Child: means :
    (A) A person under eighteen (18) years of age. See Tennessee Code 37-1-102
  • Commissioner: means commissioner of children's services. See Tennessee Code 37-1-102
  • Conviction: A judgement of guilt against a criminal defendant.
  • Department: means the department of children's services. See Tennessee Code 37-1-102
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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.
  • Jurisdiction: (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 37-1-102
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Representative: 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
  • Severe 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 37-1-102
  • sex: means a person's immutable biological sex as determined by anatomy and genetics existing at the time of birth and evidence of a person's biological sex. See Tennessee Code 1-3-105
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
  • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105
(1)

(A) The department shall coordinate the services of child protective teams. At least one (1) child protective team shall be organized in each county. The district attorney general of each judicial district shall, by January 15 of each year, report to the judiciary committee of the senate and the civil justice committee of the house of representatives on the status of the teams in the district attorney general’s district as required by this section, and the progress of the child protective teams that have been organized in the district attorney general’s district. The department shall, with the cooperation of all statutorily authorized members of the child protective team, establish a procedure and format for data collection. The procedure and format developed shall include at a minimum the following information:

(i) The number of reports received for investigation by type (i.e., sexual abuse, serious physical abuse, life-threatening neglect);
(ii) The number of investigations initiated by type;
(iii) The number of final dispositions of cases obtained in the current reporting year by type of disposition as follows:

(a) Unsubstantiated, closed, no service;
(b) Unsubstantiated, referred for non-custodial support services;
(c) Substantiated, closed, no service;
(d) Substantiated, service provided, no prosecution;
(e) Substantiated, service provided, prosecution, acquittal; or
(f) Substantiated, service provided, prosecution, conviction;
(iv) Age, race, gender, and relationship to the victim of perpetrators identified in cases that are included in subdivisions (a)(1)(A)(iii)(c)-(f); and
(v) The type and amount of community-based support received by child protective teams through linkages with other local agencies and organizations and through monetary or in-kind, or both, donations.
(B) Such data shall be reported by January 15 of each year to the judiciary committee of the senate and the civil justice committee of the house of representatives, along with a progress report on the teams and any recommendations for enhancement of the child sexual abuse or severe child abuse plan and program.
(C) The district attorneys general conference, the administrative office of the courts, the Tennessee chapter of children’s advocacy centers, the department, and law enforcement agencies may enter into data sharing agreements that allow for the sharing of information necessary to ensure compliance with reporting requirements under this section and § 9-4-213(a)(8). Data shared pursuant to an agreement retains its confidential status, consistent with § 37-1-612.
(2) Each team must be composed of one (1) person from the department, one (1) representative from the office of the district attorney general, one (1) juvenile court officer or investigator from a court of competent jurisdiction, and one (1) properly trained law enforcement officer with countywide jurisdiction from the county where the child resides or where the alleged offense occurred. The team may also include a representative from one (1) of the mental health disciplines, a representative trained in child abuse from one (1) of the medical disciplines, and, for cases involving an allegation that a child is a victim of a human trafficking offense, a representative from one (1) non-governmental agency specialized in combatting the commercial sexual exploitation of minors. It is in the best interest of the child that, whenever possible, an initial investigation shall not be commenced unless all four (4) required disciplines are represented. An initial investigation may, however, be commenced if at least two (2) of the required team members are present at the initial investigation. In those geographical areas in which a child advocacy center meets the requirements of § 9-4-213(a) or (b), child advocacy center directors, or their designees, must be members of the teams under this part and part 4 of this chapter for the purposes of provision of services and functions established by § 9-4-213 or delegated pursuant to that section. In such event, child advocacy center directors, or their designees, may access and generate all necessary information, which shall retain its confidential status, consistent with § 37-1-612.
(3) It is the intent of the general assembly that the child protective investigations be conducted by the team members in a manner that not only protects the child but that also preserves any evidence for future criminal prosecutions. It is essential, therefore, that all phases of the child protective investigation be appropriately conducted and that further investigations, as appropriate, be properly conducted and coordinated.
(b)

(1) The department shall convene the appropriate child protective team when a report of child sexual abuse or severe child abuse has been received. Nothing in this section removes or reduces the duty and responsibility of any person to report all suspected or actual cases of child sexual abuse or severe child abuse. The role of the teams is to conduct child protective investigations of reported child sexual abuse and severe child abuse and to support and provide services to sexually abused children and severely abused children upon referral as deemed by the teams to be necessary and appropriate for such children.
(2)

(A) For each child sexual abuse report or severe child abuse report it receives, the department shall immediately notify the child protection investigation team, which shall commence an on-site child protective investigation. The team shall:

(i) Determine the composition of the family or household, including the name, address, age, sex and race of each child named in the report; any siblings or other children in the same household or in the care of the same adults; the parents or other persons responsible for the child’s welfare; and any other adults in the same household;
(ii) Determine whether there is any indication that any child in the family or household is severely or sexually abused, including a determination of harm or threatened harm to each child; the nature and extent of present or prior injuries, or abuse, and any evidence thereof; and a determination as to the person or persons apparently responsible for the abuse;
(iii) Determine the immediate and long-term risk to each child if the child remains in the existing home environment;
(iv) Determine the protective, treatment and ameliorative services necessary to safeguard and ensure the child’s well-being and development and, if possible, to preserve and stabilize family life; and
(v) Determine the specialized, non-punitive services necessary to support the child in cases where there is an allegation that the child may be a victim of a human trafficking offense.
(B) The team shall seek to interview the child in a neutral setting, other than where the alleged abuse occurred, whenever possible.
(3) Immediately upon receipt of a report alleging, or immediately upon learning during the course of an investigation, that:

(A) Child sexual abuse or severe child abuse has occurred; or
(B) An observable injury or medically diagnosed internal injury occurred as a result of the sexual abuse or severe child abuse;

the department shall orally notify the team, the appropriate district attorney general and the appropriate law enforcement agency whose criminal investigations shall be coordinated, whenever possible, with the child protective team investigation. In all cases, the team and the department shall make a full written report to the district attorney general within three (3) days of the oral report. If, as a result of an investigation, there is cause to believe a violation of title 39, chapter 17, part 10 has occurred, an appropriate report shall be filed by the district attorney general requesting an investigation by the Tennessee bureau of investigation. If independent criminal investigations are made, interviews with the victimized child shall be kept to an absolute minimum and, whenever possible, reference to the videotape or tapes made by the child protective teams should be utilized.

(4) In addition to the requirements of this part, the provisions of § 37-1-406 shall apply to any investigation conducted hereunder.
(5) As a result of its investigation, the team may recommend that criminal charges be filed against the alleged offender. Any interested person who has information regarding the offenses described in this subsection (b) may forward a statement to the district attorney general as to whether prosecution is warranted and appropriate. Within fifteen (15) days of the completion of the district attorney general’s investigation, the district attorney general shall advise the department and the team whether or not prosecution is justified and appropriate in the district attorney general’s opinion in view of the circumstances of the specific case.
(c)

(1) The specialized diagnostic assessment, evaluation, coordination, consultation, and other supportive services that the team shall be capable of providing, to the extent funds are specifically appropriated therefor, or by referral shall be capable of obtaining for the protection of the child, include, but are not limited to, the following:

(A) Telephone consultation services in emergencies and in other situations;
(B) Medical evaluation related to the sexual abuse or severe child abuse;
(C) Such psychological and psychiatric diagnosis and evaluation services for the child, siblings, parent or parents, guardian or guardians, or other care givers, or any other individual involved in a child sexual abuse or severe child abuse case, as a child protection team may determine to be needed;
(D) Short-term psychological treatment. It is the intent of the general assembly that the department provide or refer a child whose case has been validated by the department, and the child’s family, for short-term psychological treatment before the department may close its case. Such short-term treatment shall be limited to no more than six (6) months’ duration after treatment is initiated, except that the commissioner may authorize such treatment for individual children beyond this limitation if the commissioner deems it appropriate;
(E) Expert medical, psychological and related professional testimony in court cases;
(F) Case staffings to develop, implement and monitor treatment plans for a child whose case has been validated by the department. In all such case staffings, consultations, or staff activities involving a child, at least one (1) member of the team involved in the initial investigation shall continue to monitor the progress and status of the child whenever possible and within the same geographic area; and
(G) Case service coordination and assistance, including the location of services available from other public and private agencies in the community.
(2) In all instances where a child protection team is providing or has obtained by referral certain services to sexually or severely abused children, other offices and units of the department shall avoid duplicating the provision of those services.
(d) As used in this section, “severe child abuse” has the same meaning as defined in § 37-1-102.
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