2010 Tennessee Code
Title 37 - Juveniles
Chapter 2 - Placement of Juveniles
Part 4 - Foster Care
37-2-406 - Review by advisory review board Review by judge Review by department of children's services Annual report.

37-2-406. Review by advisory review board Review by judge Review by department of children's services Annual report.

(a)  (1)  One (1) or more advisory review boards on foster care are hereby established in each county or in a region comprised of contiguous counties, the members being appointed by the judge or judges having juvenile court jurisdiction in such county or region by their mutual agreement. The judge or judges may appoint more than one (1) board and divide the workload in an equitable manner.

     (2)  The judge or judges, if they so request, may be assisted in making appointments to the board by the citizens advisory committees of the department of children's services for such county or region. Each board may include a pediatrician or other doctor, a lawyer, a member of a human resource agency, such as the department of health, a staff member of a local mental health agency, a person between eighteen (18) and twenty-five (25) years of age and shall include a mother or father with a minor child. The members appointed to the board shall serve for two (2) years and shall serve without any form of compensation or reimbursement of expenses. The appropriate staff member of the department of children's services and the youth services officer or other designated officer of the court shall serve as ex officio members of each county or regional board. In counties with a population of less than one hundred thousand (100,000), the board shall consist of five (5) members. In counties with a population of more than one hundred thousand (100,000), and in regions, each board shall consist of seven (7) members.

     (3)  In lieu of the provisions of subdivisions (a)(1) and (2), the judge having juvenile court jurisdiction in any county may elect to personally review each case and, therefore, not appoint an advisory review board or to personally review certain cases instead of assigning them to the board for review even though a board is appointed. In the event the judge elects not to appoint a board, the judge shall specify by written order of the court duly entered on the record the guidelines and procedures the judge will use to ensure that the judge conducts the reviews required by this part no less frequently than every six (6) months for every child in foster care under the jurisdiction of the judge's court. A copy of this order shall be furnished to the county director of the department and to the commission on children and youth. The court may elect at any time to rescind this order and appoint a board pursuant to subdivisions (a)(1) and (2).

     (4)  All board members shall be required to participate in the training provided in § 37-2-405(b).

(b)  It is the responsibility of the board or court to conduct the reviews specified in subsection (a). The board and the department shall develop adequate procedures to ensure that the case of each child in foster care is reviewed no less frequently than ninety (90) days after placement in foster care and every six (6) months thereafter; provided, that whenever a judicial hearing that addresses those issues specified in § 37-2-404 is held within six (6) months of a review, the next review may be held within six (6) months of the judicial hearing instead of within six (6) months of the previous review, except for the first hearing held within ninety (90) days of the foster care placement.

(c)  (1)  (A)  The board shall submit a report to the judge on each child in foster care. Such report shall be submitted to the judge within thirty (30) days following the review conducted by the board and shall contain the board's findings and recommendations regarding the efforts and progress made by the department or agency to carry out the permanency plan, together with any other recommendations it chooses to make regarding the child. The findings and recommendations shall include the date of the next review. A copy of such findings and recommendations shall be sent to the department or agency and to the parent(s). Such assessments and reports are advisory.

          (B)  The board may also make a direct referral to the judge or referee with such findings and recommendations under the following circumstances and timeframes:

                (i)  Where conditions persist that constitute a deterrent to reaching the permanency goals in a given case and such conditions indirectly and chronically compromise the health, safety or welfare of the child, such direct referral case shall be heard by the judge or referee within thirty (30) calendar days; or

                (ii)  Where issues in a particular case constitute a risk of harm and directly compromise the health, safety or welfare of the child, such direct referral case shall be heard by the judge or referee within ten (10) days.

     (2)  In lieu of the provisions of subdivision (c)(1)(A), in the event a child is in foster care as a result of the surrender or termination of parental rights, the board shall submit a report to the agency having custody of the child within thirty (30) days following the review conducted by the board. Such report shall contain the board's findings and recommendations regarding the efforts and progress made by the department or agency to carry out the permanency plan, together with any other recommendations it chooses to make regarding the child. The report shall include the date of the next review. Such assessments and reports are advisory.

[Acts 1976, ch. 731, § 4; 1979, ch. 103, § 1; 1979, ch. 272, § 4; 1982, ch. 811, § 4; 1983, ch. 438, §§ 14-16; T.C.A., § 37-1505; Acts 1984, ch. 789, § 4; 1988, ch. 560, §§ 9, 10; 1996, ch. 1079, §§ 73, 111; 1999, ch. 164, § 1.]