Part 1 General Custody Provisions 36-6-101 – 36-6-116
Part 2 Uniform Child Custody Jurisdiction and Enforcement Act 36-6-201 – 36-6-243
Part 3 Visitation 36-6-301 – 36-6-307
Part 4 Parenting Plans 36-6-401 – 36-6-415
Part 5 Parent Visitation 36-6-501 – 36-6-511
Part 6 Uniform Child Abduction Prevention Act 36-6-601 – 36-6-612

Terms Used In Tennessee Code > Title 36 > Chapter 6 - Child Custody and Visitation

  • Abandoned: means left without provision for reasonable and necessary care or supervision. See Tennessee Code 36-6-205
  • Actual malice: means the knowledge that information is false, or reckless disregard of whether it is false. See Tennessee Code 56-47-102
  • Adjusted RBC Report: means an RBC report that has been adjusted by the commissioner in accordance with § 56-46-103(e). See Tennessee Code 56-46-102
  • Advertising: means any written, electronic or printed communication or any communication by means of recorded telephone messages or transmitted on radio, television, the Internet or similar communications media, including film strips, motion pictures and videos, published, disseminated, circulated or placed directly before the public in this state for the purpose of creating an interest in or inducing a person to purchase or sell, assign, devise, bequest or transfer the death benefit or ownership of a life insurance policy or to purchase or sell, assign, devise, bequest or transfer the death benefit or ownership of a life insurance policy pursuant to a viatical settlement contract. See Tennessee Code 56-50-102
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Age of majority: means eighteen (18) years of age or older. See Tennessee Code 1-3-105
  • Agent: means a person who receives a commission for insurance placed or written or who, on behalf of an insurer or creditor, solicits, negotiates, effects, procures, delivers, renews, continues or binds policies of insurance to which this chapter applies, except a regular salaried officer, employee or other representative of an insurer who devotes substantially all working time to activities other than those specified here and who receives no compensation that is directly dependent on the amount of insurance business written, and except a regular salaried officer or employee of a creditor who receives no compensation that is directly dependent on the amount of insurance effected or procured. See Tennessee Code 56-49-103
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appraisal: A determination of property value.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney: means the person designated and authorized by subscribers as the attorney-in-fact having authority to obligate them on reciprocal insurance contracts. See Tennessee Code 56-16-102
  • Authorized Control Level RBC: means the number determined under the risk-based capital formula in accordance with the RBC Instructions. See Tennessee Code 56-46-201
  • Balanced budget: A budget in which receipts equal outlays.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bequest: Property gifted by will.
  • Blanket insurance: means insurance that provides coverage on collateral as defined in a policy issued to a creditor, without specifically listing the collateral covered. See Tennessee Code 56-49-103
  • Bonds: means bonds or interim certificates issued pending preparation or delivery of definitive bonds of a local government issued pursuant to this chapter. See Tennessee Code 9-21-105
  • Business of viatical settlements: means an activity involved in, but not limited to, the offering, soliciting, negotiating, procuring, effectuating, purchasing, investing, financing, monitoring, tracking, underwriting, selling, transferring, assigning, pledging, hypothecating or in any other manner acquiring an interest in a life insurance policy by means of a viatical settlement contract. See Tennessee Code 56-50-102
  • Child: means an individual who has not attained eighteen (18) years of age. See Tennessee Code 36-6-205
  • Child custody determination: includes a permanent, temporary, initial, and modification order. See Tennessee Code 36-6-205
  • Child custody proceeding: includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, and protection from domestic violence, in which the issue may appear. See Tennessee Code 36-6-205
  • Chronically ill: means :
    1. Being unable to perform at least two (2) activities of daily living. See Tennessee Code 56-50-102
    2. Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
    3. Collateral: means personal property that is pledged as security for the satisfaction of a debt. See Tennessee Code 56-49-103
    4. Commencement: means the filing of the first pleading in a proceeding. See Tennessee Code 36-6-205
    5. Commissioner: means the commissioner of commerce and insurance. See Tennessee Code 56-50-102
    6. Commissioner: means the commissioner of commerce and insurance. See Tennessee Code 56-51-102
    7. Commissioner: means the commissioner of commerce and insurance or the commissioner, director or superintendent of insurance in any other state. See Tennessee Code 56-45-102
    8. Commissioner: means the commissioner of commerce and insurance. See Tennessee Code 56-48-102
    9. Commissioner: means the commissioner of commerce and insurance. See Tennessee Code 56-49-103
    10. Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
    11. Company Action Level RBC: means , with respect to any insurer, the product of 2. See Tennessee Code 56-46-102
    12. Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
    13. Construction: means building, reconstruction, erection, replacement, extension, repairing, betterment, equipment, development, embellishment, improvement, acquisition by gift, lease, purchase or the exercise of the right of eminent domain, or any one (1) or more or all of the foregoing, including the acquisition of land and of rights in land, and including acquisition of all of the outstanding capital stock of any corporation whose assets consist entirely of one (1) or more public works projects which together constitute a waterworks, sewer system, natural gas system, electric system, or any combination thereof, including, but not limited to, a water, sewer, natural gas and/or electric distribution system, or any combination thereof, serving a local government and assets related to the operation thereof and whose liabilities consist entirely of those related to the ownership and operation thereof. See Tennessee Code 9-21-105
    14. Contract: A legal written agreement that becomes binding when signed.
    15. Conviction: A judgement of guilt against a criminal defendant.
    16. Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
    17. Corrective order: means an order issued by the commissioner specifying corrective actions that the commissioner has determined are required. See Tennessee Code 56-46-102
    18. Corrective order: means an order issued by the commissioner specifying corrective actions which the commissioner has determined are required. See Tennessee Code 56-46-201
    19. Court: means an entity authorized under the law of a state to establish, enforce, or modify a child custody determination. See Tennessee Code 36-6-205
    20. Credit agreement: means the written document that sets forth the terms of the credit transaction and includes the security agreement. See Tennessee Code 56-49-103
    21. Credit transaction: means a transaction by the terms of which the repayment of money loaned or credit commitment made, or payment of goods, services or properties sold or leased, is to be made at a future date or dates. See Tennessee Code 56-49-103
    22. Creditor: means the lender of money or vendor or lessor of goods, services, property, rights or privileges for which payment is arranged through a credit transaction, or any successor to the right, title or interest of a lender, vendor or lessor. See Tennessee Code 56-49-103
    23. Creditor-placed insurance: means insurance that is purchased unilaterally by the creditor, who is the named insured, subsequent to the date of the credit transaction, providing coverage against loss, expense or damage to collateralized personal property as a result of fire, theft, collision or other risks of loss that would either impair a creditor's interest or adversely affect the value of collateral covered by limited dual interest insurance. See Tennessee Code 56-49-103
    24. Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
    25. Debtor: means the borrower of money or a purchaser or lessee of goods, services, property, rights or privileges, for which payment is arranged through a credit transaction. See Tennessee Code 56-49-103
    26. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
    27. Department: means the department of commerce and insurance. See Tennessee Code 56-51-102
    28. Department: means the department of commerce and insurance. See Tennessee Code 56-1-102
    29. Dependent: A person dependent for support upon another.
    30. Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
    31. Devise: To gift property by will.
    32. Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
    33. Dispute resolution: means the mediation process or alternative dispute resolution process in accordance with Tennessee Supreme Court Rule 31 unless the parties agree otherwise. See Tennessee Code 36-6-402
    34. Domestic health organization: means a health organization domiciled in this state. See Tennessee Code 56-46-201
    35. Domestic insurer: means any insurance company domiciled in Tennessee. See Tennessee Code 56-46-102
    36. Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
    37. Enrollee: means an individual, including dependents, who is entitled to limited health services pursuant to a contract, or any other evidence of coverage, with a health maintenance organization, licensed pursuant to chapter 32 of this title, or a contract with a state or federal agency. See Tennessee Code 56-51-102
    38. Enterprise: means any one (1) of or combination of two (2) or more public works projects, undertakings or projects which the local government is or may hereafter be authorized to construct and from which the local government has heretofore derived or may hereafter derive revenues, and such enterprise includes all improvements, betterments, extensions and replacements thereto, and all appurtenances, facilities, lands, rights in land, water rights, franchises and structures in connection therewith or incidental thereto. See Tennessee Code 9-21-105
    39. Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
    40. Escrow: Money given to a third party to be held for payment until certain conditions are met.
    41. 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.
    42. Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
    43. Federal agency: includes the United States, the president of the United States, or any agency, instrumentality or corporation of the United States, which has heretofore been or may hereafter be designated, created or authorized by or pursuant to any act or acts or joint resolutions of the congress of the United States, to make loans or grants, or which may be owned or controlled, directly or indirectly, by the United States. See Tennessee Code 9-21-105
    44. Felony: A crime carrying a penalty of more than a year in prison.
    45. Fiduciary: A trustee, executor, or administrator.
    46. Financing entity: means an underwriter, placement agent, lender, purchaser of securities, purchaser of a policy or certificate from a viatical settlement provider, credit enhancer or any entity that has a direct ownership in a policy or certificate that is the subject of a viatical settlement contract, but:
      1. Whose principal activity related to the transaction is providing funds to effect the viatical settlement or purchase of one (1) or more viaticated policies. See Tennessee Code 56-50-102
      2. Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
      3. Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
        • You are late making a payment or commit some other default, triggering an increase to a penalty rate
        • The bank changes the terms of your account and you do not reject the change.
        • The rate expires (if the rate was fixed for only a certain period of time).
      4. Foreign: when used without limitation, includes all companies formed by authority of any other state or government. See Tennessee Code 56-1-102
      5. Foreign health organization: means a health organization that is licensed to do business in this state under chapters 27, 28, 30, 31, 32 and 51 of this title but is not domiciled in this state. See Tennessee Code 56-46-201
      6. Foreign insurer: means any insurance company that is licensed to do business in Tennessee under this title but is not domiciled in Tennessee. See Tennessee Code 56-46-102
      7. Fraud: Intentional deception resulting in injury to another.
      8. Fraudulent viatical settlement act: means :
        1. Acts or omissions committed by any person who, knowingly or with intent to defraud, for the purpose of depriving another of property or for pecuniary gain, commits or permits its employees or its agents to engage in acts including:
          1. Presenting, causing to be presented or preparing with knowledge or belief that it will be presented to or by a viatical settlement provider, viatical settlement broker, viatical settlement purchaser, viatical settlement investment agent, financing entity, insurer, insurance producer or any other person, false material information, or concealing material information, as part of, in support of or concerning a fact material to one (1) or more of the following:
      1. An application for the issuance of a viatical settlement contract or insurance policy. See Tennessee Code 56-50-102
      2. Governing body: means the legislative body of any local government of this state or any other authority charged with the governing of the affairs of any local government in this state. See Tennessee Code 9-21-105
      3. Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
      4. grandparent: includes , but is not limited to:
        1. A biological grandparent. See Tennessee Code 36-6-306
        2. 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.
        3. Health care services: means a health or medical care procedure or service rendered by a health care provider that:
          1. Provides testing, diagnosis or treatment of a human disease or dysfunction. See Tennessee Code 56-48-102
          2. Health organization: means a health maintenance organization, limited health service organization, dental or vision plan, hospital, medical and dental indemnity or service corporation, or other managed care organization licensed pursuant to chapters 27, 28, 30, 31, 32 and 51 of this title. See Tennessee Code 56-46-201
          3. HHS: means the United States department of health and human services. See Tennessee Code 56-48-102
          4. Home state: means the state in which a child lived with a parent or a person acting as a parent for at least six (6) consecutive months immediately before the commencement of a child custody proceeding. See Tennessee Code 36-6-205
          5. Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
          6. Initial determination: means the first child custody determination concerning a particular child. See Tennessee Code 36-6-205
          7. Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
          8. Insolvent: means that all the statutory assets of the prepaid limited health service organization, if made immediately available, would not be sufficient to discharge all of its statutory liabilities or that the prepaid limited health service organization is unable to pay its debts as they become due in the usual course of business. See Tennessee Code 56-51-102
          9. Insurance: means primary insurance, excess insurance, reinsurance, surplus lines insurance and any other arrangement for shifting and distributing risk that is determined to be insurance under the laws of this state. See Tennessee Code 56-45-102
          10. insurance company: includes all corporations, associations, partnerships, or individuals engaged as principals in the business of insurance. See Tennessee Code 56-1-102
          11. Insurance policy: means the written instrument in which are set forth the terms of any binder of coverage or contract of insurance, including a binder or contract issued by a state-assigned risk plan, or other forms of workers' compensation insurance. See Tennessee Code 56-47-102
          12. Insurance professional: means sales agents, managing general agents, brokers, producers, adjusters and third party administrators. See Tennessee Code 56-47-102
          13. Insurance tracking: means monitoring evidence of insurance on collateralized credit transactions to determine whether insurance required by the credit agreement has lapsed, and communicating with debtors concerning the status of insurance coverage. See Tennessee Code 56-49-103
          14. Insurance transaction: means a transaction by, between or among an:
            1. Insurer or a person who acts on behalf of an insurer. See Tennessee Code 56-47-102
            2. Insurer: means an insurance company, association or exchange authorized to issue insurance policies in this state. See Tennessee Code 56-49-103
            3. Insurer: means any person purporting to engage in the business of insurance or authorized to do business in this state or subject to regulation by the state, who undertakes to indemnify another against loss, damage or liability arising from a contingent or unknown event related to causes arising under title 50, chapter 6. See Tennessee Code 56-47-102
            4. Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
            5. Issuing court: means the court that makes a child custody determination for which enforcement is sought under this part. See Tennessee Code 36-6-205
            6. 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.
            7. Law: means any act or statute, general, special or local, of this state, including, but not limited to, any local government charter. See Tennessee Code 9-21-105
            8. Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
            9. Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
            10. License: means a license, certification, registration, permit, approval or other similar document issued to an individual evidencing admission to or granting authority to engage in a profession, trade, occupation, business, or industry, or to hunt or fish, but does not include a license to practice law unless the supreme court establishes guidelines pursuant to § 36-6-511 making this part applicable to such license. See Tennessee Code 36-6-501
            11. Licensee: means any individual holding a license, certification, registration, permit, approval, or other similar document evidencing admission to or granting authority to engage in a profession, trade, occupation, business, or industry, or to hunt or fish. See Tennessee Code 36-6-501
            12. Licensing authority: means the board, commission, or agency, excluding the department of safety, that has been established by statute or state regulation to oversee the issuance and regulation of any license. See Tennessee Code 36-6-501
            13. Life insurance producer: means any person licensed in this state as a resident or nonresident insurance producer that has received qualification or authority for life insurance coverage or a life line of coverage pursuant to chapter 6, part 1 of this title. See Tennessee Code 56-50-102
            14. Limited dual interest insurance: means insurance purchased by the creditor to insure its interest in the collateral securing the debtor's credit transaction. See Tennessee Code 56-49-103
            15. Limited health service: means dental care services, vision care services, mental health services, substance abuse services, and pharmaceutical services. See Tennessee Code 56-51-102
            16. Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
            17. Local government: means any county, municipality or metropolitan government in this state. See Tennessee Code 9-21-105
            18. Local government instrumentality: means any authority created by law on behalf of a county, metropolitan government, municipality or any combination thereof. See Tennessee Code 9-21-105
            19. Mandatory Control Level RBC: means the product of 0. See Tennessee Code 56-46-102
            20. Mandatory Control Level RBC: means the product of 0. See Tennessee Code 56-46-201
            21. Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
            22. Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
            23. Modification: means a child custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination. See Tennessee Code 36-6-205
            24. Month: means a calendar month. See Tennessee Code 1-3-105
            25. Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
            26. NAIC: means the National Association of Insurance Commissioners. See Tennessee Code 56-46-102
            27. NAIC: means the National Association of Insurance Commissioners. See Tennessee Code 56-46-201
            28. Negative trend: means , with respect to a life and/or health insurer, negative trend over a period of time, as determined in accordance with the "Trend Test Calculation" included in the RBC Instructions. See Tennessee Code 56-46-102
            29. Net debt: means the amount necessary to liquidate the remaining debt in a single lump-sum payment, excluding all unearned interest and other unearned charges. See Tennessee Code 56-49-103
            30. Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
            31. Not in compliance with an order of visitation: means that one parent has intentionally interfered with implementation of a schedule of court-ordered visitation on two (2) or more occasions in any six-month period. See Tennessee Code 36-6-501
            32. Oath: includes affirmation. See Tennessee Code 1-3-105
            33. Oath: A promise to tell the truth.
            34. Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
            35. Obligations: means bonds, notes and any other evidence of indebtedness lawfully issued or assumed by a local government. See Tennessee Code 9-21-105
            36. Order of visitation: means any order granting a noncustodial parent the right to visit with such parent's child on days and times determined by the court. See Tennessee Code 36-6-501
            37. Parenting responsibilities: means those aspects of the parent-child relationship in which the parent makes decisions and performs duties necessary for the care and growth of the child. See Tennessee Code 36-6-402
            38. Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
            39. Pattern or practice: means repeated, routine or generalized in nature, and not merely isolated or sporadic. See Tennessee Code 56-47-102
            40. Permanent parenting plan: means a written plan for the parenting and best interests of the child, including the allocation of parenting responsibilities and the establishment of a residential schedule, as well as an award of child support consistent with chapter 5 of this title. See Tennessee Code 36-6-402
            41. Person: means a natural person or a legal entity, including, but not limited to, an individual, partnership, limited liability company, association, trust or corporation. See Tennessee Code 56-50-102
            42. Person: means an individual, corporation, business, trust estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity. See Tennessee Code 36-6-205
            43. Person: means any association, aggregate of individuals, business, company, corporation, individual, joint-stock company, Lloyds-type organization, organization, partnership, receiver, reciprocal or interinsurance exchange, trustee or society. See Tennessee Code 56-16-102
            44. Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
            45. Person: means a natural person, company, corporation, unincorporated association, partnership, professional corporation, agency of government or any other entity. See Tennessee Code 56-47-102
            46. Person acting as a parent: means a person, other than a parent, who:
              1. Has physical custody of the child or has had physical custody for a period of six (6) consecutive months, including any temporary absence, within one (1) year immediately before the commencement of a child custody proceeding. See Tennessee Code 36-6-205
              2. Personal property: All property that is not real property.
              3. Personal property: includes money, goods, chattels, things in action, and evidences of debt. See Tennessee Code 1-3-105
              4. Petitioner: means a person who seeks enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination. See Tennessee Code 36-6-205
              5. Physical custody: means the physical care and supervision of a child. See Tennessee Code 36-6-205
              6. Plaintiff: The person who files the complaint in a civil lawsuit.
              7. Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
              8. Policy: means an individual or group policy, group certificate, contract or arrangement of life insurance owned by a resident of this state, regardless of whether delivered or issued for delivery in this state. See Tennessee Code 56-50-102
              9. Practitioner: means a licensee of this state authorized to practice medicine and surgery, psychology, chiropractic or law or any other licensee of state or person required to be licensed in this state whose services are compensated either in whole or in part, directly or indirectly, by insurance proceeds. See Tennessee Code 56-47-102
              10. Premium: includes any payments, whether due within the insurance policy term or otherwise, and deductible payments whether advanced by the insurer or insurance professional and subject to reimbursement by the insured or otherwise, any self-insured retention or payments, whether advanced by the insurer or insurance professionals and subject to reimbursement by the insured or otherwise, and any collateral or security to be provided to collateralize obligations to pay any of the above. See Tennessee Code 56-47-102
              11. Prepaid limited health service contract: means any contract entered into by a prepaid limited health service organization with a health maintenance organization or a state or federal agency to provide limited health services in exchange for a prepaid per capita or prepaid aggregate fixed sum. See Tennessee Code 56-51-102
              12. Prepaid limited health service organization: means any person, corporation, partnership, or any other entity that, in return for a prepayment from a health maintenance organization or a state or federal agency, undertakes to provide or arrange for, or provide access to, the provision of a limited health service to enrollees through an exclusive panel of providers. See Tennessee Code 56-51-102
              13. Pretrial conference: A meeting of the judge and lawyers to discuss which matters should be presented to the jury, to review evidence and witnesses, to set a timetable, and to discuss the settlement of the case.
              14. Primary residential parent: means the parent with whom the child resides more than fifty percent (50%) of the time. See Tennessee Code 36-6-402
              15. Property: includes both personal and real property. See Tennessee Code 1-3-105
              16. Property and casualty insurer: means any insurance company licensed in those lines in Tennessee, but does not include monoline mortgage guaranty insurers, financial guaranty insurers and title insurers. See Tennessee Code 56-46-102
              17. Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
              18. Provider: means , but is not limited to, any physician, dentist, health facility, or other person or institution that is duly licensed in this state to deliver limited health services. See Tennessee Code 56-51-102
              19. Provider: means any person, including a physician or hospital that is licensed or otherwise authorized in this state to provide health care services. See Tennessee Code 56-48-102
              20. PSO: means a public or private entity that:
                1. Is established or organized, and operated, by a health care provider, or group of affiliated health care providers. See Tennessee Code 56-48-102
                2. Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
                3. Public works project: includes any one (1) or any combination of the following: abattoirs, acquisitions of land for the purpose of providing or preserving open land, airports, alleys, ambulances, auditoriums, bridges, city and town halls, local government stables or garages, community houses, corrective, detention and penal facilities, including, but not limited to, jails, workhouses and reformatories, courthouses, culverts, curbs, dispensaries, drainage systems, including storm water sewers and drains, electric plants and systems, expositions, facilities for the handicapped, including physically and mentally handicapped, facilities for the indigent, fairgrounds and fairground facilities, fire department equipment and buildings, fire alarm systems, flood control, garbage collection and disposal systems, gas and natural gas systems and storage facilities, heat plants and systems, harbor and riverfront improvements, health centers and clinics, including medical and mental health centers and clinics, highways, major roads, highway and street equipment, hospitals, hotels and supporting or incidental facilities built by local governments which are built adjacent to and as a supporting facility of civic or convention centers located in municipalities which have created a central business improvement district under the Central Business Improvement District Act of 1971, compiled in title 7, chapter 84, improvements made pursuant to a plan of improvement for a central business improvement district created pursuant to the Central Business Improvement District Act of 1971, law enforcement and emergency services equipment, levees, libraries, markets, memorials, museums, nursing homes, parks, parking facilities, parkways, playgrounds, plazas, port facilities, docks and dock facilities, including any terminal storage and transportation facilities incident thereto, public art, public buildings, preserves, railroads, including the extension of railroads, and railway beltlines and switches, reclamation of land, recreation centers and facilities, reservoirs, rights-of-way, river and navigation improvements, roads, sanitariums, schools, transportation equipment for schools, sewers, sewage and waste water systems, including, but not limited to, collection, drainage, treatment and disposal systems, ship canals, sidewalks, stadiums, streets, swimming pools, thermal transfer generating plants and/or distribution systems, tunnels, viaducts, voting machines, water treatment distribution and storage systems, wharves and zoos. See Tennessee Code 9-21-105
                4. Purchasing group: means any group that:
                  1. Has as one (1) of its purposes the purchase of liability insurance on a group basis. See Tennessee Code 56-45-102
                  2. Qualified independent actuary: means an actuary who is a member of the American Academy of Actuaries or the Society of Actuaries and who has experience in establishing rates for limited health services and who has no financial or employment interest in the prepaid limited health service organization. See Tennessee Code 56-51-102
                  3. RBC Instructions: means the RBC Report including risk-based capital instructions adopted by the NAIC, as the RBC Instructions may be amended by the NAIC from time to time in accordance with the procedures adopted by the NAIC. See Tennessee Code 56-46-102
                  4. RBC instructions: means the RBC report including risk-based capital instructions adopted by the NAIC, as these RBC instructions may be amended by the NAIC from time to time in accordance with the procedures adopted by the NAIC. See Tennessee Code 56-46-201
                  5. RBC Plan: means a comprehensive financial plan containing the elements specified in § 56-46-104(b). See Tennessee Code 56-46-102
                  6. RBC plan: means a comprehensive financial plan containing the elements specified in § 56-46-203(b). See Tennessee Code 56-46-201
                  7. RBC Report: means the report required in § 56-46-103. See Tennessee Code 56-46-102
                  8. RBC report: means the report required in § 56-46-202. See Tennessee Code 56-46-201
                  9. Reckless: means without reasonable belief of the truth, or, for the purposes of §. See Tennessee Code 56-47-102
                  10. Recklessly: means engaging in the conduct in conscious and clearly unjustifiable disregard of a substantial likelihood of the existence of the relevant facts or risks, such disregard involving a gross deviation from acceptable standards of conduct. See Tennessee Code 56-50-102
                  11. Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
                  12. Refunding bonds: means bonds issued to refund all or any part of bonds, notes or other obligations, except capital outlay notes when retired by bonds in conformance with part 6 of this chapter, and notes issued in anticipation of bonds, heretofore or hereafter issued or lawfully assumed by a local government pursuant to this chapter, or any other provision of this code or any other general or special law. See Tennessee Code 9-21-105
                  13. Regulatory Action Level RBC: means the product of 1. See Tennessee Code 56-46-102
                  14. Regulatory Action Level RBC: means the product of 1. See Tennessee Code 56-46-201
                  15. Related provider trust: means a titling trust or other trust established by a licensed viatical settlement provider or a financing entity for the sole purpose of holding the ownership or beneficial interest in purchased policies in connection with a financing transaction. See Tennessee Code 56-50-102
                  16. Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
                  17. 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
                  18. Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
                  19. Respondent: means a person against whom a proceeding has been commenced for enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination. See Tennessee Code 36-6-205
                  20. Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
                  21. Revenues: means all fees, rents, tolls, rates, rentals, interest earnings, or other charges received or receivable by the local government from any public works project or enterprise then existing or thereafter to be constructed, including any revenues derived or to be derived by a local government from a lease, agreement or contract with any other local government, local government instrumentality, the state, or a state or federal agency for the use of or in connection with a public works project or enterprise, or all other charges to be levied and collected in connection with and all other income and receipts of whatever kind or character derived by the local government from the operation of any public works project or enterprise or arising from any public works project or enterprise. See Tennessee Code 9-21-105
                  22. Risk retention group: means any corporation or other limited liability association:
                    1. Whose primary activity consists of assuming and spreading all, or any portion, of the liability exposure of its group members. See Tennessee Code 56-45-102
                    2. Savings and loan association: includes a building and loan association, a federal or state savings and loan association, a federal savings bank, and any other financial institution, the accounts of which are insured by the federal savings and loan insurance corporation (FSLIC) or any successor of such corporation. See Tennessee Code 1-3-105
                    3. Sequester: To separate. Sometimes juries are sequestered from outside influences during their deliberations.
                    4. Service of process: The service of writs or summonses to the appropriate party.
                    5. Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
                    6. severely reduced: means reduction to no contact or token visitation as defined in § 36-1-102. See Tennessee Code 36-6-306
                    7. signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
                    8. Single interest insurance: means insurance purchased by the creditor to insure its interest in the collateral securing a debtor's credit transaction. See Tennessee Code 56-49-103
                    9. Special purpose entity: means a corporation, partnership, trust, limited liability company or other similar entity formed solely to provide, either directly or indirectly, access to institutional capital markets:

                      For a financing entity or licensed viatical settlement provider. See Tennessee Code 56-50-102

                    10. State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Tennessee Code 36-6-205
                    11. State: means the state of Tennessee. See Tennessee Code 9-21-105
                    12. State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
                    13. State: means any state of the United States or the District of Columbia. See Tennessee Code 56-45-102
                    14. Statute: A law passed by a legislature.
                    15. Statutory accounting principles: means generally accepted accounting principles, except as modified by this chapter. See Tennessee Code 56-51-102
                    16. Stranger-originated life insurance: means a practice or an act to initiate a life insurance policy for the benefit of a third-party investor who, at the time of policy origination, has no insurable interest in the insured. See Tennessee Code 56-50-102
                    17. Subpoena: A command to a witness to appear and give testimony.
                    18. Subscriber: means an individual on whose behalf a contract or arrangement has been entered into with a prepaid limited health service organization for health care services or other persons who also receive health care services as a result of the contract. See Tennessee Code 56-51-102
                    19. Summons: Another word for subpoena used by the criminal justice system.
                    20. Taxable property: means all property subject to ad valorem taxation within the local government, or any portion of the local government, if applicable. See Tennessee Code 9-21-105
                    21. Temporary parenting plan: means a plan for the temporary parenting and the best interests of the child, including the establishment of a temporary residential schedule, and the establishment of temporary financial support designed to maintain the financial status quo to the extent possible, consistent with chapter 5 of this title, and the guidelines thereunder. See Tennessee Code 36-6-402
                    22. Terminally ill: means having an illness or sickness that can reasonably be expected to result in death in twenty-four (24) months or less. See Tennessee Code 56-50-102
                    23. Testify: Answer questions in court.
                    24. Testimony: Evidence presented orally by witnesses during trials or before grand juries.
                    25. Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
                    26. Total adjusted capital: means the sum of:
                      1. An insurer's statutory capital and surplus as determined in accordance with the statutory accounting applicable to the annual financial statements required to be filed pursuant to § 56-1-501. See Tennessee Code 56-46-102
                      2. Total adjusted capital: means the sum of:
                        1. A health organization's statutory capital and surplus, also known as net worth, as determined in accordance with the statutory accounting applicable to the annual financial statements required to be filed under § 56-27-117 for medical service plans, § 56-28-111 for hospital service corporations, § 56-30-117 for dental service plans, § 56-31-116 for vision service plans, § 56-32-108 for health maintenance organizations, and § 56-51-134 for prepaid limited health services organizations. See Tennessee Code 56-46-201
                        2. Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
                        3. Trend Test Calculation: include d in the RBC Instructions. See Tennessee Code 56-46-102
                        4. Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
                        5. Tribe: means an Indian tribe or band, or Alaskan native village, which is recognized by federal law or formally acknowledged by a state. See Tennessee Code 36-6-205
                        6. Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
                        7. Trustee: A person or institution holding and administering property in trust.
                        8. United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
                        9. Uphold: The decision of an appellate court not to reverse a lower court decision.
                        10. Viatical settlement broker: means a person, including a life insurance producer, as provided for in §56-50-103, who working exclusively on behalf of a viator and for a fee, commission or other valuable consideration, offers or attempts to negotiate viatical settlement contracts between a viator and one (1) or more viatical settlement providers or one (1) or more viatical settlement brokers. See Tennessee Code 56-50-102
                        11. Viatical settlement contract: includes a premium finance loan made for a life insurance policy by a lender to a viator on, before or after the date of issuance of the policy where:

                          The viator or the insured receives on the date of the premium finance loan a guarantee of a future viatical settlement value of the policy. See Tennessee Code 56-50-102

                        12. Viatical settlement investment agent: means a person who is an appointed or contracted agent of a licensed viatical settlement provider who solicits or arranges the funding for the purchase of a viatical settlement by a viatical settlement purchaser and who is acting on behalf of a viatical settlement provider. See Tennessee Code 56-50-102
                        13. Viatical settlement provider: means a person, other than a viator, that enters into or effectuates a viatical settlement contract with a viator resident in this state. See Tennessee Code 56-50-102
                        14. Viatical settlement purchase agreement: means a contract or agreement, entered into by a viatical settlement purchaser, to which the viator is not a party, to purchase a life insurance policy or an interest in a life insurance policy that is entered into for the purpose of deriving an economic benefit. See Tennessee Code 56-50-102
                        15. Viatical settlement purchaser: means a person who provides a sum of money as consideration for a life insurance policy or an interest in the death benefits of a life insurance policy, or a person who owns or acquires or is entitled to a beneficial interest in a trust that owns a viatical settlement contract or is the beneficiary of a life insurance policy that has been or will be the subject of a viatical settlement contract, for the purpose of deriving an economic benefit. See Tennessee Code 56-50-102
                        16. Viaticated policy: means a life insurance policy or certificate that has been acquired by a viatical settlement provider pursuant to a viatical settlement contract. See Tennessee Code 56-50-102
                        17. viator: includes , but is not limited to, an owner of a life insurance policy or a certificate holder under a group policy insuring the life of an individual with a terminal or chronic illness or condition except where specifically addressed. See Tennessee Code 56-50-102
                        18. Warrant: means an order issued by a court authorizing law enforcement officers to take physical custody of a child. See Tennessee Code 36-6-205
                        19. Working capital: means current assets minus current liabilities. See Tennessee Code 56-51-102
                        20. Writ: A formal written command, issued from the court, requiring the performance of a specific act.
                        21. written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
                        22. Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105