§ 37-2-205 — Commitment of dependent and neglected, delinquent or unruly children - Contracts for per diem allowance - Records - Minimum qualifications and standards

(a) In addition to the dispositional alternatives provided by §§ 37-1-130 - 37-1-132, concerning dependent and neglected, delinquent or unruly children, the juvenile court judge of any county within the provisions of this part is hereby authorized and empowered to commit a child to the custody of such county department of children's services. Upon such commitment by the juvenile court judge, guardianship of the person of such child shall immediately transfer to the director of the county department. (b) When any child is committed to a county department, the state, from available budgetary funds of any state department through which federal or other funds may be provided by law for the purchase of child care, may contract with the county department to pay a per diem allowance for each child so committed for the period of time each such child is in custody of the county department. The per diem allowance shall be determined by negotiation and contract between the county and state department through which such funds are available. (c) The director of the county department shall keep or cause to be kept all records and reports required to be kept by a comparable state agency. Such records shall include the quarterly review of each child's treatment, rehabilitation and progress, and the procedures for such review prescribed by the director. Failure of the director to keep or maintain any such records and reports required to be kept by law shall relieve the state from its obligation to pay the county department the per diem allowance for any child upon whom inadequate records have been kept. (d) The county department shall ensure that services provided to children in its care and facilities provided for that purpose shall meet all minimum qualifications and standards established by contract with the contracting department, but in no event shall such qualifications or standards be less stringent than those mandated by applicable state or federal law or regulation for the children in the care of the department. Failure to meet such qualifications and standards shall entitle the contracting department to withhold funds payable to the county pursuant to the contract. In all cases, the contracting state department shall have the authority to conduct such monitoring and inspection as may be necessary to enforce this provision. (e) The department of children's services is authorized to enter into an agreement to pay a per diem allowance to a county for each delinquent child placed in a local facility for delinquent children operated under the direction of the court or other local public authority. As a condition of such payment, the agreement may require that the county pay to the department of children's services a per diem allowance in the same amount for each child committed from the county to the department of children's services. The per diem allowance shall be as agreed upon, but not less than seventy-five percent (75%) of the current actual cost of maintaining a child in a state correctional institution. (f) (1) (A) In order to enhance communication between the department of children's services and juvenile court judges across the state, the department shall provide to the juvenile court judge(s) for each county a report which includes: (i) The number of commitments to state custody for dependent and neglected children, unruly children, and delinquent children for the previous twelve-month period by county; and (ii) The statewide average commitment rate per thousand youth based on the latest county population data as provided by the department of health. (B) The report shall be provided to judges on a semiannual basis and shall also be made available on the department's web site. (2) The department may initiate a collaborative planning process at the time a county's commitment rate is believed to be likely to exceed two hundred percent (200%) of the statewide average commitment rate. Upon request of the court, the department shall partner with the court to develop and implement strategies to address any factors contributing to higher commitment rates in such county. (3) On or before January 31 of each year, the department of children's services shall provide to the judiciary committee of the senate and the civil justice committee of the house of representatives a report of county commitment data for the previous fiscal year and a description of actions taken as part of the collaborative planning process. The report shall be published as part of the department's annual report required by § 37-5-105(4) .

Legislative History

Amended by 2021 Tenn. Acts, ch. 64, s 28, eff. 3/29/2021. Amended by 2019 Tenn. Acts, ch. 345, s 38, eff. 5/10/2019. Amended by 2015 Tenn. Acts, ch. 178, s 1, eff. 4/17/2015. Amended by 2013 Tenn. Acts, ch. 236, s 21, eff. 4/19/2013. Acts 1979, ch. 143, § 5; 1983, ch. 239, § 1; T.C.A., § 37-405; Acts 1989, ch. 278, § 46; 1996, ch. 1079, § 110; 2009 , ch. 531, § 30; 2010 , ch. 662, § 1; 2011 , ch. 410, § 3(g).