COMPLIANCE WITH TENNESSEE'S LAW RELATED TO THE MANDATORY REPORTING OF SUSPECTED ABUSE OR NEGLECT

TCA 37-1-403 (a) (1) states that: "Any person who has knowledge of or is called upon to render aid to any child who is suffering from or has sustained any wound, injury, disability, or physical or mental condition shall report such harm immediately if the harm is of such a nature as to reasonably indicate that it has been caused by brutality, abuse or neglect or that, on the basis of available information, reasonably appears to have been caused by brutality, abuse or neglect.

Possible Indicators of Abuse and Neglect:

• The child has repeated injuries that are not property treated or adequately explained
• The child begins acting in unusual ways ranging from disruptive and aggressive to passive and withdrawn
• The child acts in the role of parent toward brothers and sisters or even toward their own parents
• The child may have disturbed sleep (nightmares, bed wetting, fear of sleeping along, needing a nightlight)
• The child loses his/her appetite, overeats, or may report being hungry
• There is a sudden drop in school grades or participation in activities
• The child may act in stylized ways, such as sexual behavior that is not normal for his/her age group
• The child may report abusive or neglectful acts

The above signs indicate that something is wrong but do not necessarily point to abuse. However, if you notice these signs early, you may be able to prevent abuse or neglect.

The law allows this report to be made to one of the following:

• A juvenile court judge having jurisdiction over the child
• The Department of Children's Services, in a manner specified by the Department, either by contacting the Department by telephone through the centralized intake procedure, by fax, or by letter
• Sheriff of the county where the child resides, or
• The Chief law enforcement officer of the municipality where the child resides.

It is important to know that it is each individual's responsibility to report any suspicion or direct knowledge of brutality, abuse or neglect. It is not required that the individual be able to prove that child abuse or neglect has occurred in order to report.

Tennessee law provides for confidentiality for the person making the report, although that person may be interviewed during any investigation. Tennessee law provides immunity from civil and criminal liability when reporting suspected abuse.

Tennessee law does impose penalties for failure to report suspected abuse. Such failure is considered a Class A Misdemeanor and is punishable by fines not to exceed $2,500.00.

Reports can be made to DCS Central Intake:

Phone: 1-877-54ABUSE (1-877-542-2873) or 1-877-237-0004 (available 24/7) 1-615-253-6588

Fax: 1-615-253-6588

Mail: DCS Central Intake, 1290 Foster Avenue, Sills #1, Nashville, TN 37243

Foster parents are asked to complete online training regarding Child Abuse Reporting on the DCS Website www.tn.gov/dcs WITHIN 2 WEEKS AFTER HOMESTUDY APPROVAL. Click on Report Child Abuse link on the top right of the page, then click on FAQ and Training on left side of page, then go to the bottom section of the screen and click on Access Training. Click on and watch the video, then register, answer the questions and submit the form. Sending a copy of the exercise documentation to the AGAPE case manager or Director of Social Services will allow credit to be given for training.

 

Rules and Penalties Regarding Child Safety Restraints

For more information on Tennessee's Child Restraint Laws, visit the Click it or Ticket website

Tennessee Code Annotated (TCA) 55-9-602

• Children under one (1) year of age, or any child, weighing twenty (20) pounds or less, must be secured in a child passenger restraint system in a rear facing position, meeting federal motor vehicle safety standards, in a rear seat, if available, or according to the child safety restraint system or vehicle manufacturer's instructions. (Note: If the child safety seat has a higher rear-facing weight rating, usually 30 or 35 pounds, it may be continued to be used in rear-facing position as long as the child's weight permits. Check the manufacturer's instructions accompanying the child safety seat for more information.)
• Children age one (1) through age three (3), and weighing more than twenty (20) pounds, must be secured in a child safety seat in a forward facing position in the rear seat, if available, or according to the child safety restraint system or vehicle manufacturer's instructions.
• Children age four (4) through age eight (8), and measuring less than four feet nine inches (4'9") in height, must be secured in a belt-positioning booster seat system, meeting federal motor vehicle safety standards in the rear seat, if available, or according to the child safety restraint system or vehicle manufacturer's instructions. (Note: If the child is not between age four (4) and age eight (8), but is less than four feet nine inches (4'9") in height, he/she must still use a seat belt system meeting federal motor vehicle safety standards.)
• Children age nine (9) through age twelve (12), or any child through twelve (12) years of age, measuring four feet nine inches (4'9") or more in height, must be secured in a seat belt system. It is recommended that any such child be placed in the rear seat, if available. (Note: If the child is not between age nine (9) and age twelve (12), but is four feet nine inches (4'9") or more in height, he/she must still use a seat belt system meeting federal motor vehicle safety standards Children age thirteen (13) through age fifteen (15) must be secured by using a passenger restraint system, including safety belts, meeting federal motor vehicle safety standards.)
• Provision is made for the transportation of children in medically prescribed modified child restraints. A copy of Doctor's prescription is to be carried in the vehicle utilizing the modified child restraint at all times.
• The driver of the car is responsible for making sure that children under age sixteen (16) are properly restrained and may be charged and fined $50.00 for violation of the law. If the child's parent or legal guardian is present in the car but not driving, the parent or legal guardian is responsible for making sure that the child is properly transported and may be fined for non-compliance.
• Police officers observing violations of this law are permitted to stop drivers and take enforcement action. PLEASE PROPERLY RESTRAIN CHILDREN.

AGAPE places high priority on the safety of the children in its care and requires that every person transporting children in AGAPE's care abide by this child restraint law in every instance where children are in automobiles. Failure to properly transport children will be documented in an incident report and corrective action will be documented. Failure to abide by the law could result in legal charges being issued to any driver who failed to secure children in an approved child restraint system. AGAPE frequently has car seats that will meet the needs of its children. Case Managers will be happy to see that each resource parent has the proper equipment necessary to safety transport the children.