Every child has the right to grow up in an environment which promotes his or her health and safety, free from abuse and neglect. When we talk about abuse and neglect, we are not merely talking about physical abuse but also mental and sexual abuse.

Tennessee law requires the reporting of suspected child abuse and protects the identities of the person reporting the abuse. Tennessee also allows the state to intervene in the parental rights to raise the child, and also provides criminal sanctions when a child is abused or neglected.

The cycle of abuse is often repeated from generation to generation and may require professional intervention to break the chain. Also, many instances of child abuse or neglect to unreported because people don't want to get involved, or believe that it will disappear in time, or are simply afraid of legal liability. The laws of Tennessee are specifically aimed at these problems.

Tennessee Code Annotated, Title 37, Chapter One, Part Four requires that any person having knowledge of child abuse or neglect must report the abuse to the Juvenile Court Judge, or the Department of Human Services, or the Sheriff or Chief of Police. Failure to report child abuse or neglect is a crime. Reports of child abuse are confidential and if the report is made in good faith, the person making the report cannot be sued or charged with crime for reporting.

The report leads to an immediate investigation and if the situation calls for it the child may be removed from the home.

If the authorities believe that there is a need for court intervention, a petition will be filed in Juvenile Court asking the court to intervene and protect the child. This is called a dependency and neglect action. It is not a criminal action and no one is charged with a crime. A separate criminal action can be instituted. In a child abuse case in Juvenile court the petition alleges that the home of the child is unfit by reason of neglect, cruelty, depravity, or physical abuse by the parent, guardian or other person having custody.

The petition alleges certain facts, which if the court finds are true, could cause the child to be declared dependent and neglected.

If it is possible that a parent may lose parental rights, they have a right to be represented by an attorney. If they cannot afford an attorney the court will appoint one.

After a finding that the child is "dependent and neglected", the court may make an order to protect the child. The court has the power to remove the child from a custody of persons otherwise entitled to custody and to order participation in counseling and psychiatric sessions. The court also has the power to place the child in the home of a relative or into foster placement.

The dependency cases are reviewed from time to time to determine the current status. At these review hearings, the court reviews the case and determines what will best serve the minor at that time. Once the court assumes jurisdiction over a child, it may continue to intervene until the child reaches 18 years of age.

In some instances, the investigation leads to a criminal complaint being filed. The basic child abuse provision in Tennessee is Tennessee Code Annotated Title 29 - Chapter 15, Part 4. Generally stated, the section proscribes willful cruelty toward a child, and endangering life, limb, or health of a child. The charges in this sort case are not limited to this basic provision, but may include charges of other crimes as well.

To report child abuse, call the Department of Human Services - under Tennessee law if you have knowledge of child abuse or neglect you must report it. The number for the Department of Human Services in Knoxville is 594-6767.

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