Terms Used In Tennessee Code 33-3-701

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Department: means the department of mental health and substance abuse services. See Tennessee Code 33-1-101
  • 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.
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Responsible relative: means the parent of an unemancipated child with mental illness, serious emotional disturbance, alcohol dependence, or drug dependence who is receiving service in programs of the department or any relative who accepts financial responsibility for the care and service of a service recipient. See Tennessee Code 33-1-101

Judicial proceedings for the determination of whether a person may be transferred to a facility or continues to be eligible for treatment in a facility to which that person was transferred under part 3 or 4 of this chapter, may be commenced by filing a complaint in circuit court where the receiving department facility is located. The person or a parent, legal guardian, legal custodian, conservator, spouse or responsible relative of the person may initiate the review proceedings.