Chapter Definitions

  1. Law
  2. Tennessee Code
  3. Juveniles
  4. Department of Children's Services
  5. General Provisions
  6. Chapter Definitions

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As used in this chapter, unless the context otherwise requires:

  1. “Abuse” exists when a person under eighteen (18) years of age is suffering from, has sustained or may be in immediate danger of suffering from or sustaining a wound, injury, disability or physical or mental condition caused by brutality, neglect or other actions or inactions of a parent, relative, guardian or caretaker;
  2. “Adjudication of delinquency” means that a juvenile court has found beyond a reasonable doubt that a child has committed a delinquent act, as defined in § 37-1-102, that is an act designated a crime under the law, including local ordinances of this state, or of another state if the act occurred in that state, or under federal law, and the crime does not fall under § 37-1-102(b)(32)(C) and the crime is not a traffic offense as defined in the traffic code of the state other than failing to stop when involved in an accident pursuant to § 55-10-101, driving while under the influence of an intoxicant or drug, vehicular homicide or any other traffic offense classified as a felony;
  3. “Adult” means, as defined in § 37-1-102, any person eighteen (18) years of age or older;
    1. “Child” means:
      1. A person under eighteen (18) years of age; or
      2. A person under nineteen (19) years of age for the limited purpose of:
  1. Remaining under the continuing jurisdiction of the juvenile court to enforce a non-custodial order of disposition entered prior to the person's eighteenth birthday;
  2. Remaining under the jurisdiction of the juvenile court for the purpose of being committed, or completing commitment including completion of home placement supervision, to the department with such commitment based on an adjudication of delinquency for an offense that occurred prior to the person's eighteenth birthday; or
  3. Remaining under the jurisdiction of the juvenile court for resolution of delinquent offense(s) committed prior to a person's eighteenth birthday but considered by the juvenile court after a person's eighteenth birthday with the court having the option of retaining jurisdiction for adjudication and disposition or transferring the person to criminal court under § 37-1-134;

In no event shall a person eighteen (18) years of age or older be committed to or remain in the custody of the department of children's services by virtue of being adjudicated dependent and neglected, unruly, or in need of services pursuant to §37-1-175, except as provided in § 37-5-106(a)(20);

This subdivision (4) shall in no way be construed as limiting the court's jurisdiction to transfer a person to criminal court under §37-1-134;

A person eighteen (18) years of age is legally an adult for all other purposes including, but not limited to, enforcement of the court's orders under this subdivision (4) through its contempt power under §37-1-158;

No exception shall be made for a child who may be emancipated by marriage or otherwise;

(A)  “Child sexual abuse” means, as defined in §37-1-602, the commission of any act involving the unlawful sexual abuse, molestation, fondling or carnal knowledge of a child under thirteen (13) years of age that, prior to November 1, 1989, constituted the criminal offense of:

Aggravated rape under §39-2-603 [repealed];

Rape under §39-2-604 [repealed];

Aggravated sexual battery under §39-2-606 [repealed];

Sexual battery under §39-2-607 [repealed];

Assault with intent to commit rape or attempt to commit rape or sexual battery under §39-2-608 [repealed];

Crimes against nature under §39-2-612 [repealed];

Incest under §39-4-306 [repealed];

Begetting child on wife's sister under §39-4-307 [repealed];

Use of minor for obscene purposes under §39-6-1137 [repealed]; or

Promotion of performance including sexual conduct by minor under §39-6-1138 [repealed];

“Child sexual abuse” also means the commission of any act involving the unlawful sexual abuse, molestation, fondling or carnal knowledge of a child under the age of thirteen (13) that on or after November 1, 1989, constituted the criminal offense of:

Aggravated rape under §39-13-502;

Rape under §39-13-503;

Aggravated sexual battery under §39-13-504;

Sexual battery under §39-13-505;

Rape of a child under §39-13-522;

Criminal attempt as provided in §39-12-101 for any of the offenses listed above;

Incest under §39-15-302;

Sexual exploitation of a minor under §39-17-1003;

Aggravated sexual exploitation of a minor under §39-17-1004; or

Especially aggravated sexual exploitation of a minor under §39-17-1005;

“Child sexual abuse” also means one (1) or more of the following acts:

Any penetration, however slight, of the vagina or anal opening of one person by the penis of another person, whether or not there is the emission of semen;

Any contact between the genitals or anal opening of one person and the mouth or tongue of another person;

Any intrusion by one person into the genitals or anal opening of another person, including the use of any object for this purpose, except that it shall not include acts intended for a valid medical purpose;

The intentional touching of the genitals or intimate parts, including the breasts, genital area, groin, inner thighs and buttocks, or the clothing covering them, of either the child or the perpetrator, except that it shall not include:


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