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TENNESSEE COMPILATION OF SELECTED LAWS ON CHILDREN, YOUTH AND FAMILIES, 2011 EDITION

TENNESSEE CODE ANNOTATED

Title 37 Juveniles

Chapter 1 Juvenile Courts and Proceedings

Part 1 General Provisions

37-1-175. Temporary legal custody for children with mental illnesses.

IF AND ONLY IF

(1) a child is the subject of a proceeding under this chapter, AND

(2) the child is mentally ill, AND

(3) the child needs care, training, or treatment because of the mental illness, AND

(4) all available less drastic alternatives to committing the child to the temporary legal custody of the department are unsuitable to meet the child's needs for care, training, or treatment for the mental illness,

THEN

(5) a juvenile court may commit the child to the temporary legal custody of the department in proceedings conducted in conformity with §§ 33-3-602-33-3-608, 33-3-610-33-3-620, and space* 33-6-505-33-6-508, to meet the child's needs for care, training, or treatment for the mental illness.

Acts 1986, ch. 836, § 3; 1996, ch. 1079, §§ 37-39; T.C.A., § 33-3-203; Acts 2000, ch. 947, § 7.

Compiler's Notes. Acts 1986, ch. 836, § 8, provided that the implementation of the provisions of this section as enacted by that act and the expenditure of any funds to implement such provisions shall be subject to the approval of the commissioner of finance and administration.

For the establishment of the Tennessee Children's Plan, see Executive Order No. 58 (June 29, 1994).

For transfer of certain case management functions from the department of mental health and mental retardation [department of mental health and developmental disabilities] to the department of health, see Executive Order No. 5 (November 9, 1995).

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