Tennessee Child Abuse Laws

Tennessee child abuse laws are designed to protect minors from harm by defining abuse, neglect, and endangerment. Child abuse involves intentional harm, while neglect is the failure to provide essential child care. Endangerment occurs when a child’s safety is exposed to harmful situations. Tennessee laws require mandatory reporting of suspected cases and outline penalties based on severity. Contact the Tennessee Department of Children’s Services or a Tennessee attorney for guidance on reporting abuse or if you’re involved in a case.

This article provides an overview of Tennessee child abuse laws, including definitions, reporting requirements, and penalties.

Overview of Child Abuse Laws in Tennessee

The following table outlines the criminal child abuse laws and mandatory reporting requirements in Tennessee:

What Is Considered Child Abuse and Neglect in Tennessee?

Tennessee law defines several distinct categories of child abuse, each with specific legal definitions that determine how the courts and child protective services handle cases.

Child Abuse

Child abuse occurs when a person "knowingly treats a child in a manner as to inflict injury". This involves intentional actions that cause physical harm to the child.

Child Neglect

Child neglect occurs when the parent, caregiver or legal guardian of the child failed to provide for the physical survival needs of the child and this failure exposes the child's health or safety to harm or risk of harm. Under Tennessee law, a dependent and neglected child includes a child who:

• Does not have a parent, legal guardian or legal custodian
• Lives with a parent or guardian who is unfit to take care of the child because of cruelty, mental incapacity, immorality, or depravity
• Is unlawfully out of out of school or is under improper care, custody or supervision
• Is denied necessary medical care, hospital treatment, or other essential health services
• Is found in a place that violates the law because they lack of proper supervision
• Lives in conditions that endanger their physical health or moral development
• Experiences abuse or neglect that threatens their wellbeing
• Has been left in someone else's care for over six months without legal arrangements
• Has been allowed to participate in prostitution or inappropriate sexual activities without protection
• Has been willfully left with a relative for at least 18 consecutive months and would be harmed if removed

Severe cases of child neglect could potentially result in great bodily harm or the death of the child.

Child Endangerment

Under the Tennessee Code, child endangerment occurs when a parent or custodian of a child below eight years old deliberately exposes the child to harmful circumstances or fails to protect the child from abuse or neglect that results in physical injury or imminent danger.

Criminal Penalties for Child Abuse in Tennessee

Tennessee law establishes a graduated penalty structure for child abuse offenses based on the severity of the crime and the characteristics of the victim.

Standard Child Abuse Offenses

Tennessee law contains the penalties for standard child abuse offenses:

Physical Abuse

Physical abuse committed against children under 18 but over eight years of age is a Class A misdemeanor. A Class A misdemeanor can result in up to 100 months, 29 days of imprisonment, a fine of up to $2,500, or both.

If the person committed physical abuse against children ages eight years old and below, the law classifies it as Class D felony. Class D felony can result in two to 12 years of imprisonment and a fine of up to $5,000.

Neglect or Endangerment

Child neglect or endangerment committed against children under 18 but over eight years of age is a Class A misdemeanor. A Class A misdemeanor can result in up to 100 months, 29 days of imprisonment, a fine of up to $2,500, or both.

If the victim of neglect or endangerment is a child under eight years old, the law classifies it as Class E felony. A Class E felony can result in one to six years of imprisonment and a fine of up to $3,000.

Aggravated Child Abuse, Neglect, or Endangerment

Tennessee's "Haley's Law" establishes more severe criminal penalties for aggravated cases of child abuse, neglect, or endangerment. A case becomes aggravated when any of the following circumstances apply:

• The act results in serious bodily injury to the child
• The person used a deadly weapon, dangerous instrumentality, or controlled substance
• The abuse, neglect, or endangerment is especially cruel, heinous, or involves torture
• The child is knowingly exposed to the manufacturing of methamphetamine

Tennessee Code classifies the standard aggravated offense as a Class B felony. It can result in eight to 30 years of imprisonment and a maximum fine of $25,000.

Aggravated Offenses Committed Against Vulnerable Victims

The penalty enhances when the person committed the abuse or neglect against a vulnerable victim. If the crime was committed against a vulnerable victim, the law classifies it as Class A felony. This penalty can result to 15 to 60 years of imprisonment and a fine of up to $50,000.

The law considers the following as vulnerable victims:

• A child is eight years of age or less
• Mentally defective
• Mentally incapacitated
• Suffers from a physical disability

Mandatory Reporting Requirements in Tennessee

The state of Tennessee makes every person legally responsible to report suspected child abuse or neglect. Any person who has reasonable cause to believe that a child is experiencing abuse or neglect should report it to the Tennessee Department of Children's Services or to local law enforcement. Failure to report suspected child abuse or neglect is a Class A misdemeanor.

Immunity for Reporters

Tennessee law provides immunity from civil or criminal liability for those who make reports in good faith. This protection encourages reporting by removing fear of legal consequences for those who report legitimate concerns.

Get Legal Help for Tennessee Child Abuse Cases

Whether you are facing allegations of child abuse or need to report suspected cases of abuse or neglect, acting quickly is a good idea. To report abuse, contact the Tennessee Department of Children's Services at 877-237-0004. You can also seek legal advice from a family law or criminal law attorney. They can help you report suspected cases of child abuse or provide legal representation if you are accused of these crimes.