For the purposes of this part:

(1) “Caretaker relative” means the father, mother, grandfather or grandmother of any degree, brother or sister of the whole or half-blood, stepfather, stepmother, stepbrother, stepsister, aunt or uncle of any degree, first cousin, nephew or niece, the relatives by adoption within the previously named classes of persons, and the biological relatives within the previous degrees of relationship, and the legal spouses of persons within the previously named classes of persons, even if the marriage has been terminated by death or divorce, with whom a child is living;

Terms Used In Tennessee Code 71-3-1201

  • 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.
  • Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
(2) “Chain of custody” means the methodology of tracking specified materials or substances for the purpose of maintaining control and accountability from initial collection to final disposition for all such materials or substances, and providing for accountability at each stage in handling, testing and storing specimens and reporting test results;
(3) “Confirmation test,” “confirmed test” or “confirmed drug test” means a second analytical procedure used to identify the presence of a specific drug or metabolite in a specimen, which test must be different in scientific principle from that of the initial test procedure and must be capable of providing requisite specificity, sensitivity and quantitative accuracy;
(4) “Drug” means marijuana, cocaine, methamphetamine, amphetamine, and opiates such as morphine. The commissioner of human services may add additional drugs by rule;
(5) “Drug test” or “test” means any chemical, biological or physical instrumental analysis administered by a drug testing agency authorized to do so pursuant to this part, for the purpose of determining the presence or absence of a drug or its metabolites pursuant to regulations adopted by rule by the commissioner of human services;
(6) “Drug testing agency” means an entity that has the required credentials as established by regulatory or certification authorities to administer tests using a person‘s urine, blood or DNA that will detect and validate the presence of drugs in such person’s body;
(7) “Drug treatment program” means a service provider that provides confidential, timely and expert identification, assessment and resolution of drug or alcohol abuse problems affecting persons;
(8) “Five panel test” means a test for marijuana, cocaine, methamphetamine, amphetamine, and opiates such as morphine;
(9) “Initial drug test” means a procedure that qualifies as a “screening test” or “initial test” pursuant to regulations governing drug testing approved by rule by the commissioner of human services;
(10) “Legal guardian” means a person or entity that has the legal authority to provide for the care, supervision or control of a minor child as established by law or court order;
(11) “Protective payee” means a caretaker relative or a legal guardian of the child; provided, however, that person defined as a caretaker relative or guardian who is the applicant of TANF benefits who tests positive for the use of a drug as defined in this part shall be excepted from this definition; and
(12) “Specimen” means tissue, fluid or a product of the human body capable of revealing the presence of drugs or their metabolites.
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