Dependency and Neglect

Dependency and neglect proceedings are extremely important family law proceedings, which can have life-changing impacts on children, parents, the family structure and the community at large. Dependency and neglect are legal proceedings intended to protect children from abuse, neglect and/or situations where parents or custodians are otherwise unfit or unwilling to care for them. Further, as non-parents do not have standing to file for custody of minor children, these proceedings provide non-parents an avenue to obtain custody when it is in the best interest of the child or children.

In Tennessee, Juvenile Courts have exclusive, original jurisdiction over dependency and neglect cases, meaning no other type of court (i.e. Chancery, Circuit, Criminal, etc) may hear a dependency and neglect case. The Juvenile Court will transfer custody to a non-parent only if a child is found to be “dependent and neglected.” Pursuant to T.C.A. Section 1-102(b)(12), the definition of “dependent and neglected” includes children

• who have no parent, guardian, or legal custodian;
• whose parent or guardian is unfit to care for them;
• who are unlawfully or improperly supervised or cared for, or unlawfully kept out of school;
• whose parent, guardian, or custodian doesn’t provide needed medical, surgical, institutional, or hospital care for them;
• who are suffering from abuse or neglect.

Tennessee Law details additional circumstances that would lead to a finding of dependency and neglect. If any of these conditions exist, the court may legally transfer custody to an adult other than the parent, if it finds that such action would be in the child’s best interest.

If you believe a child may be dependent and neglected and/or you are currently involved in a dependency and neglect legal proceeding, please contact our firm to learn more and discuss your rights. In case of an emergency and life-threatening situation, please call 9-1-1. To report abuse and neglect of a child, please also call the Tennessee Department of Children’s Services (“DCS”) Child Abuse hotline at 877-237-0004.