Tennessee Petition: Dependent and neglected
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FAQ
Class D felony: 2 to 12 years and a maximum fine of $5,000. Class E felony: 1 to 6 years and a maximum fine of $3,000. Class A misdemeanor: up to 11 months, 29 days and/or a maximum fine of $2,500.
When can my child decide which parent to live with? Under Tennessee statute, the court shall consider the reasonable preference of the child over the age of 12. The court may choose to hear the preference of a child under the age of 12.
An investigation is concluded within sixty (60) calendar days with a decision to close the case, provide or refer to community services or transition to a Family Service Worker (FSW).
Any person who knowingly abuses or neglects a child under eighteen (18) years of age, so as to adversely affect the child's health and welfare, commits a Class A misdemeanor; provided, that, if the abused or neglected child is eight (8) years of age or less, the penalty is a Class E felony.
The Department of Children's Services is required by law to file a petition to terminate parental rights in cases that involve severe abuse of a child or of a child's siblings; a child who is in foster care for 15 of the previous 22 months; or an abandoned child who is less than a year old.
Neglect - Failure to provide for a child's physical survival needs to the extent that there is harm or risk of harm to the child's health or safety.
Although a child can never decide issues relating to custody or visitation, Tennessee law requires a court to consider the wishes of a child over the age of 12 when making visitation related decisions.
