TENNESSEE

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WHO:        ANY person MUST report if s/he knows that a child has been harmed by abuse or neglect.  [Code Ann. §§ 37-1-403(a)(1); 37-1-605(a)]

These are mandatory (MUST report): Among others: • Physicians; osteopaths; medical examiners; chiropractors; nurses; hospital personnel engaged in admission, examination, care or treatment of persons • Other health or mental health professionals • Practitioners who rely solely on spiritual means for healing • School teachers, other school officials or personnel • Judges of any court of the state • Social workers, daycare center workers, other professional child care, foster care, residential, or institutional workers • Law enforcement officers • Authority figures at community facilities, including any facility used for recreation or social assemblies, for educational, religious, social, health, or welfare purposes, including, but not limited to, facilities operated by schools, the Boy or Girl Scouts, the YMCA or YWCA, the Boys and Girls Club, or church or religious organizations or • Neighbors, relatives, friends, or any other persons.  [Code Ann. §§ 37-1-403(f)-(i); 37-1-605(a)]

·       NOTE: The mandate for professionals concerns observations generally seen while at work, pertaining to sexual abuse, but is not limited to information learned at work.

·       STANDARD:  [Code Ann. §§ 37-1-102(b)(1), (b)(4)(A), (b)(4)(F); Admin. Policies & Procedures § 14.1(E)(4)(c); 37-1-403(a),(f),(i); 37-1-605(a)]  In the context of abuse and neglect, child means under age 18 born alive. A child who is emancipated by marriage or otherwise, is still a child for these purposes.

(1)      For any reporter:

(a)     Knowledge of any child’s wound, injury, disability, or physical or mental condition, where the harm or available information reasonably indicate it was caused by brutality, abuse or neglect; OR

(b)     Being called on to render aid to such a child; OR

(c)      Knowledge or reasonable cause to suspect a child was sexually abused.

(2)      For listed classes of reporters: knowledge or reasonable cause to suspect that a child has been SEXUALLY abused.

(3)      Also, for physicians: (a) diagnosing or treating a sexually transmitted disease (STD), venereal herpes or chlamydia in a child age 13 or less.

(4)      Also, for every superintendent or manager of a clinic, dispensary or charitable or penal institution: a case of venereal disease in a child age 13 or less there.

(5)      Specially, for a school’s officials, personnel, employees, or board of education members: awareness of any report or misconduct investigation of known or alleged child abuse (of any type) by any school system employee.

·       PRIVILEGE:  3 privileges do NOT exclude evidence from child abuse proceedings: husband-wife; psychiatrist-patient; or psychologist-patient.  [Code Ann. § 37-1-411]

WHEN:      For any reporter: IMMEDIATE.  [Code Ann. § 37-1-403(a)(1)]  The duty to report an incident does not lapse until the child is 18. [Tenn. Op. Atty. Gen. No. 88-142, cited by RAINN, 3/2020, at https://apps.rainn.org/policy/policy-state-laws-export.cfm?state=Tennessee&group=4]  

WHERE & HOW:  Reports are by phone or otherwise:  [Code Ann. § 37-1-403(a); Admin. Policies & Procedures § 14.1]

For SEXUAL abuse:  [Code Ann. § 37-1-605(b),(f)]

(1)      The judge having juvenile jurisdiction over the child;

(2)      Normally, reports are to any of (a) the Department of Children’s Services (DCS) local office, or (b) judge, (c) sheriff, or (d) police chief as shown below.

(3)      Every physician diagnosing a sexually transmitted infection in a child aged 13 or younger MUST instead immediately report in writing to the Department of Health (DH) on form PH-1600. It is downloadable at the URL below and has instructions. DH will report to DCS if the results are confirmed and sexual abuse is suspected. 

https://www.tn.gov/content/dam/tn/health/documents/reportable-diseases/PH-1600.pdf

(4)      For sexual abuse in a facility licensed by the Department of Mental Health and Developmental Disabilities, OR in ANY hospital, reports MUST also be made to the local law enforcement agency in that jurisdiction (not just where the child resides).

For reports about schools by school personnel: These are made in the same way as for other cases, but include any known abuse-related investigations of school personnel of which the reporter is aware; also, the principal or his/her designee must inform the child’s parent how to report sexual abuse.  [Code Ann. §§ 37-1-403(a),(i); 37-1-605(d)]

Suspicious death: a mandated reporter with reasonable cause to suspect that a child died from child abuse or neglect or sexual abuse MUST report that to the (county) medical examiner.  [Code Ann. §§ 37-1-403(d); 37-1-605(c)] 

For other cases: report to one of the following:

(1)      The judge having juvenile jurisdiction over the child;

(2)      DCS by contacting a local (county) representative OR using the hotline;

(3)      The sheriff of the COUNTY where the child resides; or

(4)      The chief law enforcement official of the municipality/TOWN where the child resides.

CONTACT INFORMATION

·       For life-threatening emergencies:                     Call 911; report afterward

·       Juvenile Court Judges (directory by county):

https://www.tncourts.gov/administration/judicial-resources/judicial-district-map 

·       Department of Children’s Services:                      1-877-237-0004 (24/7 hotline)     

Regional & county offices: https://www.tn.gov/dcs/contact-us/regional-offices.html

Only NON-emergency online-reporting:               https://apps.tn.gov/carat/ 

·       County & municipal law enforcement (directory):      https://www.usacops.com/tn/

·       County medical examiner (directory):     

https://www.tn.gov/health/health-program-areas/oscme/county-medical-examiner.html

OTHER ASPECTS

·       INSTITUTIONS: Any hospital, clinic, school, or other organization for the care of children may assess incident reportability or monitor reported cases, BUT must not impede a mandated reporter or disclose his/her identity.  [Code Ann. § 37-1-403(h)] 

·       REPORT DETAILS: [Code Ann. § 37-1-403(b); https://www.tn.gov/dcs/program-areas/child-safety/reporting/hotline-faq.html]

o    The report MUST include, to the extent known by the reporter: (a) child(ren)’s name, address, phone number, and age; (b) [Caregiver’s] name, address, and phone number; (c) facts requiring the report; and (d) any other pertinent info.

o    Other questions: (e) child(ren)’s race & school/daycare info; (f) other household members’ info; (g) nature of harm or incident(s); (h) allegations, dates and descriptions of injuries or dangers; (i) alleged perpetrator identity/ies, and relationship(s) to child; (j) witnesses and contact info; (k) details of physical evidence; (l) perpetrator's current access to child; (m) child’s condition (alone, needing treatment, etc.); (n) child’s prosent location & directions to it; (o) child’s statement; (p) parent's or perpetrator's explanation of situation; (q) parent's emotional, physical or mental state, as to child and report; and (r) how reporter learned the info, and his/her thoughts on likelihood of further harm.

·       REPORTER PROTECTION: (1) The statutes reviewed do not require reports to name the reporter. (2) Without written consent, his/her name is not released even by court order except for internal use.  [Code Ann. § 37-1-409(a)]  (3) Any reporter in good faith is immune from civil and criminal liability unless s/he abused or neglected the child or had malpractice.  [Code Ann. §§ 37-1-410(a); 37-1-613]

WHY:        (1) ANYONE knowingly failing to report commits a class A misdemeanor, punishable by < $2,500 fine.  [Code Ann. § 37-1-412]  (2) ANYONE knowingly, maliciously, reporting – or procures another to do it – a false accusation of (a) child sexual abuse or (b) of wounds etc. caused by abuse, brutality or neglect commits a class E felony.  [Code Ann. § 37-1-413]  (3) Any person who caused a detrimental change in employment status because an employee reported is civilly liable to the reporter.  [Code Ann. §§ 37-1-410(b); 37-1-613]

WHAT:      In Tennessee, child abuse or neglect includes physical abuse, drug exposure, neglect, sexual abuse / exploitation, and psychological abuse.  [Code Ann. §§ 37-1-102; 37-1-602; Admin. Policies & Procedures § 14.1 at Work Aid 1]   

Initial Screening Criteria (of DCS): (a) whether reported harm is within legal definitions of abuse and neglect (physical, drug exposure, neglect, sexual, psychological, or child death or near-death); (b) whether the allegation is not redundant with other reports; (c) whether the incident occurred in-state and the victim either lives there or will return within the timing for investigation; and (e) whether the report should be forwarded to other agencies.  [Admin. Policies & Procedures § 14.1 at Work Aid 1; 14.3(A)]

Reportable: A parent, guardian, relative, or other caretaker. More specifically: (a) a parent, relative, guardian or caretaker for physical abuse and psychological abuse (b) a parent, guardian, or custodian for neglect #1 (unfitness, lack of provision, failure to protect from prostitution and porn activities, and leaving child); (c) another caregiver for neglect #2 (improper care, truancy, or leaving too long with non-relatives); (d) any dependent child for neglect #3 (lacking a parent, etc.; illegal place; danger to morals or health; suffering from abuse or neglect); (e) a parent, guardian, relative, household member, or other caregiver; for sexual abuse of any type.  [Code Ann. § 37-1-102(b)(1)]

·        Note: the mandates concern reporting on the child’s inner circle, but “STRANGER DANGER” and other abusers are reportable to police for crimes.

·        Persons responsible for the child include: (a) a parent, (legal) guardian, relative, caretaker, or household member: (b) a legal custodian, foster parent, or other [parent substitute]; (c) an employee of a public or private child care agency or public or private school; and (d) any other caregiver, in a residential setting.   [Code Ann. §§ 37-1-102(b)(1); 37-1-602(a)(3)(D), (a)(8)]

·        Caregiver and caretaker as used in this outline are synonymous and mean someone who provides care for the child; their identity may be dependent on the setting. This includes: (1) a relative or other person living, visiting, or working in the home who supervises or otherwise tends or assists the child, e.g., a babysitter; or (2) an employee or volunteer responsible at an educational, recreational, medical, religious, therapeutic, etc. setting.  [Ann. Code §§ 37-1-102(b)(12)(J); 37-1-602(a)(8)] 

Abuse means brutality, neglect or other (in)actions of a parent, relative, guardian or caretaker that cause – or are in immediate danger of causing – a wound, injury, disability or physical or mental condition in a person under age 18.  [Code Ann. § 37-1-102(b)(1)] DCS defines 5 classes below.  [Admin. Policies & Procedures § 14.1 at Work Aid 1]

I.  Physical abuse: a parent, relative, guardian or caretaker inflicts non-accidental trauma or physical injury of a child, or fails to protect against another.  [Code Ann. § 37-1-102]

(A)     This includes injuries marks and/or bruising that go BEYOND TEMPORARY redness, or are in excess of age-appropriate corporal punishment. Examples: bruise, broken bone, cut, burn, etc.  [Admin. Policies & Procedures § 14.1 at Work Aid 1(A)]

(1)     But, developmentally appropriate, discipline-related marks and bruises on the buttocks or legs of children age 6 or more are NOT abuse when there are no developmental delays or history of recent or past abuse.

(B)     Examples: Violence (e.g., domestic) that: (a) DISREGARDS the child’s presence and could result in serious injury; and/or (b) strikes the child (hit, kick, punch, slap, etc.), causing INTERNAL injury.  [Admin. Policies & Procedures § 14.1 at Work Aid 1(A)]

(C)    Examples of serious bodily injury are: (a) second- or third-degree burns; (b) bone fracture; (c) concussion; (e) subdural or subarachnoid bleeding, (f) retinal hemorrhage, (g) cerebral edema; (h) brain contusion; (i) skin injuries with severe bruising or probable permanent or protracted disfigurement, such as from being whipped with objects.  [Code Ann. §§ 37-1-102(b)(21)(A)(ii); 39-15-402(d)]

(1)     REGARDLESS of the injury type – whether it is: (a) a cut, abrasion, bruise, burn, or disfigurement; (b) physical pain or temporary illness; or (c) impaired function in a bodily member, organ, or mental faculty –

(2)     THERE IS: (a) substantial risk of death; (b) protracted unconsciousness; (c) extreme pain; (d) protracted or obvious disfigurement; OR (e) protracted loss or substantial impairment of a function of a body part, organ, or mental faculty.

(D)    Physical abuse is severe when SERIOUS BODILY INJURY to the child is likely from knowing use of force or knowing failure to protect.  [Code Ann. §§ 37-1-102(b)(21)(B)]

II.  Drug Exposure means drugs with physical, mental, or emotional effects and includes any of:  [Admin. Policies & Procedures § 14.1 at Work Aid 1(B)]

(B)     A child under age 18 (including newborns) exposed to or withdrawing from alcohol, cannabis, hallucinogens, stimulants, sedatives, narcotics, methamphetamines, heroin, or inhalants), due to the acts or behaviors of a parent or caregiver; or

(1)     Note: Manufacturing methamphetamine where children are present, or nearby, is always considered severe abuse.  [Code Ann. § 37-1-102(b)(21)(D)]

(C)    A parent or caregiver uses substances that could hurt their ability to give care; or

(D)    A parent or caregiver is addicted to substances that could affect the child.

III.  Neglect: Failure to provide for a child's physical needs, causing harm or risk to his/her health or safety. This includes any of the following:  [Code Ann. § 37-1-102(b)(12); Admin. Policies & Procedures § 14.1 at Work Aid 1(C)]

(A)     The child's parent, guardian, or custodian has a role such that:

(1)     The parent, guardian, or person with whom the child lives is unfit to care for the child properly, due to cruelty, mental incapacity, immorality, or depravity;

(2)     The parent, guardian, or custodian neglects or refuses to provide necessary medical, surgical, institutional, or hospital care;

(3)     The parent or guardian neglects or refuses to protect the child from further activity, when s/he is or was allowed or encouraged to engage in prostitution or obscene or pornographic photographing, filming, posing, or the like; or

(4)     The parent(s) or legal custodian willfully left the child in the sole financial and physical care of a related caregiver for at least 18 consecutive months, and the child will suffer substantial harm if removed from that.

(B)     Another person has a role such that:

(1)     The child is (a) under UNLAWFUL OR IMPROPER CARE, supervision, custody, or restraint by (b) any person, corporation, agency, association, institution, society, or other organization OR (c) is unlawfully kept out of school; or

(2)     The child (a) was in the care and control of one or more agencies or non-relatives (b) for 6 continuous months or more with no power of attorney or court order, and (c) that person has not initiated judicial proceedings for legal custody or adoption.

(C)     The child needs state intervention: (1) the child lacks a PARENT, guardian, or legal custodian; (2) for lack of proper supervision, the child is in an illegal PLACE; (3) the child’s or others’ morals or health are INJURED OR ENDANGERED by his/her want, suffering, or improper guardianship or control; (4) s/he is ABUSED OR NEGLECTED.

(D)     DCS includes the following:  [Admin. Policies & Procedures § 14.1 at Work Aid 1(C)]

(1)     ENVIRONMENTAL: gas leaks, dangerous objects, broken windows, holes in roof or wall or floor, exposed electrical wires, lead pipes, inadequate clothes, garbage, human or animal waste, rats or bugs, no water for cleaning, etc.);

(2)     NUTRITIONAL: insufficient food; regular hunger or begging;

(3)     INADEQUATE SUPERVISION in situations beyond the child’s ability, or by apathy, or by leaving the child alone with any registered sex offender;

(4)     ABANDONMENT: at home, in a car, by a road, in a public place, with a caregiver without their consent, or unlawfully abandoning a newborn at a hospital.

IV.  Sexual Abuse: Sexual acts intended for the perpetrator’s arousal and/or gratification; or other sexual behaviors or situations. The following are reportable if done: (a) to a child under age 13 by anyone; or (b) to a child age 13, 14, 15, 16, or 17 when a parent, guardian, relative, person residing in the child's home, or other person responsible for the child’s care and custody commits or allows it.  [Code Ann. §§ 37-1-602(a)(3)(A)-(D),(b)]

(A)     Any of the following:

(1)     BETWEEN TWO PEOPLE: (a) even slight or emission-less penetration of penis into vagina or anus; (b) mouth or tongue contact with genitals or anus; (c) intrusion of body part or object into genitals or anus (non-medical, non-caregiving); or (d) intentional touching of: breasts (female), genitals, groin, inner thighs, buttocks, or clothing there.  [Code Ann. § 37-1-602]

(2)     ACTS such as any intentional sexual act in a child’s presence for arousal, gratification, aggression, degradation, etc. (e.g.: indecent exposure);

(3)     SEXUAL EXPLOITATION:

(a)      Sexual exploitation, including allowing, encouraging, or forcing a child to solicit for or engage in prostitution or sexually exploit others; or

(b)      Trafficking: Acts or attempts to recruit, entice, harbor, transport, provide, purchase, or otherwise obtain a child for a commercial sex act, or benefit by it. Examples: injuries, threats, restraints, abuses of law, blackmail, debt, controlling drug access, & withholding documents.  [Code Ann. § 39-13-309]

(c)      Signs: (i) chronic runaways; (ii) much cash or prepaid cards; (iii) sharp rise in possessions; (iv) hotel keys and receipts; (v) older “boyfriend” or concerned / controlling adult; (vi) personal items don’t reflect living situation; (vii) multiple sexually transmitted infections; (viii) unexplained injuries; (ix) behavioral changes  [Admin. Policies & Procedures § 14.1 at Work Aid 1(D)]

(B)     Severe sexual abuse is: molestation, fondling, or carnal knowledge, e.g.: (a) forcible or statutory rape; (b) sexual battery (force, coercion, fraud, or using helplessness); (c) attempt or assault; (d) exploitation (actual or simulated acts, for child porn); (e) incest; or (f) crimes against nature (sodomy).  [Code Ann. § 27-1-102(b)(21)(C)]

(1)     INCEST is sexual penetration, knowing the other person is (legitimately or not) one’s: (a) natural parent, child, grandparent, grandchild, uncle, aunt, nephew, niece, stepparent, stepchild, adoptive parent, or adoptive child; or (b) brother or sister of whole or half-blood or by adoption.  [Code Ann. § 39-13-302]

(C)    Caveat: the age of consent is 18. But a child who is age 13, 14, 15, 16, or 17 may consent to a person who is less than 4 years older.  [Code Ann. §§ 39-13-528(a), -506, -522(a)]  But this is not an exception to forbidden relationships such as incest.

V.  Psychological Harm: A parent, relative, guardian or caretaker pattern conveying that a child has little value or is endangered. It may be by assaults, injuries, threats, insults, terror, isolation, or confinement.  [Admin. Policies & Procedures § 14.1 at Work Aid 1(E)]

(A)     Mental injury means intellectual or psychological injury with discernible, substantial impairment of the child’s ability relative to his/her normal range of performance and behavior, with due regard to the child's culture.  [Code Ann. § 37-1-602(a)(7)]

(B)     Psychological injury that is known or expertly expected, is severe if it: (a) includes severe psychosis, neurotic disorder, depression, developmental delay or retardation, or impaired function; and (b) was caused by brutality, abuse, neglect, or knowing failure to protect a child from such conduct.  [Code Ann. § 37-1-102(b)(21)(B)]