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adoption referrals for public agency, private agency, independent or privately arranged inter-jurisdictional adoptive placements.   

FAX: (615) 253-5422.  Advance notice requested; over 10 pages must be scanned or Express Mail.

General Information:

ICPC Code Citation: (TCA sec. 37-4-201 through 37-4-207)

Statutory Penalties Under Article IV: Violation of child placement laws-class “A” misdemeanor-fine up to $200 and/or imprisonment to 6 months. (Reference:  TCA sec. 37-5-405)

Age of Majority: 18 years. (TCA sec 1-3-105; 37-1-102(4) (A-G); 36-1-102(13)) Children who are under court jurisdiction due to a delinquent adjudication prior to their 18th birthday remain under court jurisdiction until their 19th birthday if the court extends jurisdiction. (TCA sec. 37-1-103)

Court Jurisdiction: Juvenile Court: Jurisdiction under TCA sec. 37-1-101 et seq. over dependent and neglected, unruly, delinquent children, termination of parental rights, legitimizations, paternity, support, proceedings to commit mentally ill or mentally retarded children, appointment guardian of child, consent for marriage, over Interstate Compact cases codified at TCA sec. 37-4-201 et seq.

Circuit & Chancery Courts: Divorce and custody of children related thereto - TCA sec. 36-1-101 et seq.; 16-10-108 adoptions - TCA sec. 36-1-101 and 16-10-108. Circuit Court hears appeals of juvenile cases - TCA sec. 37-1-159; termination’s of parental rights - TCA sec. 37-1-104 and 36 -1-110; concurrent with Juvenile Court. Concurrent Jurisdiction: Termination of parental rights can be done in Juvenile, Circuit, or Chancery Courts. (TCA sec.37-1-104) Children can be legitimized in Circuit, Juvenile, or Probate Court.

Parental Rights - Relinquishment/Termination: All voluntary surrenders in Tennessee can be executed in Juvenile, Circuit or Chancery court; surrenders executed in accordance with the laws of other states will be accepted. (TCA sec 36-1-114).  Revocation period is ten (10) days. (TCA sec 46-1-112).  TCA sec. 36-2-318 establishes a putative father registry and allows the court to exclude the natural father as a party to all adoption proceedings of a child born out of wedlock if he has failed to register, legitimate or actively participate as the child’s father as set forth in TCA sec. 36-1-111. If termination is appropriate or necessary, such action can be taken in Juvenile, Circuit or Chancery Court. (TCA sec. 37-1-104 and 37-1-147).

Special Information:

Divorce Cases and Custody Investigations: Not subject to compliance with the ICPC.  Divorce or custody studies are to be conducted by private providers for a fee.  Private providers listed on TN DCS Internet http://www.tn.gov/youth/ . Requests received in the TN ICPC STATE office will be forwarded to the TN party who will be advised to contact a private agency.

Courtesy Supervision/ Reports:  Not subject to compliance with the ICPC.  Responsible party may enter into a contractual agreement with an authorized public or private agency to secure this service.  Responsibility of the TN DCS administration to determine utilization of staff to conduct courtesy services not mandated by Departmental policy or under the Compact or expressly directed by Court order.   

The Interstate Compact on the Placement of Children Procedures Manual

Revised: January, 2012                                                                                                                           Page 8

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