Tennessee Divorce Attorney Blog

Many people think that the only reason for courts to get involved with parents' right to raise their children is when there is obvious physical abuse, sexual abuse, or neglect. However, the standard for dependence and neglect includes much more than that. Once a child is considered dependent and neglected, a court can determine custody arrangements that would be in the best interest of the child.

In Tennessee, a dependent and neglected child includes the following:
1. A child without a parent or guardian;
2. A child whose parent, guardian, or person the child lives with is unfit to care for the child due to cruelty, mental incapacity, immorality or depravity;
3. A child who is under improper care or supervision by any person, agency, or organization;
4. A child who is unlawfully kept out of school;
5. A child whose parent or guardian neglects or refuses to provide necessary medical care for the child;
6. A child, who because of a lack of supervision, is found anywhere that is unlawful;
7. Any child who is under improper care which would lead to injury or would endanger the morals or health of the child or others;
8. A child who is suffering from abuse or neglect;
9. A child who has been allowed to engage in prostitution or obscene photographing and whose parent fails to protect the child from further activities;
10. A child willfully left in the sole financial and physical care of a relative for more than 18 months, and the removal of the child from the care of the relative would result in substantial harm to the child.
Tennessee Code Annotated §37-1-102(b)(12)

While abuse and neglect is included in the factors for finding dependency and neglect, it is certainly not the only factor. Parents should be aware of the standard for finding a child dependent and neglected, and ensure that they are providing adequate care for their children.

In Tennessee, all people are required to report suspicions of child abuse, neglect, or exploitation. You can report child abuse in Tennessee though the Department of Children's Services website, or by calling 1-877-237-0004. Once the abuse is reported, the Department can conduct an investigation and suggest appropriate services for the home to ensure the protection of the child.

Child abuse can be physical, emotional, verbal, or sexual. Often children who are abused exhibit a drastic change in behavior, loss of appetite, or declining performance in school. In addition, the children often have repeated injuries without explanation, exhibit sexual behavior inappropriate for their age, and have trouble sleeping.

Parents who abuse their children often have a history of alcohol or drug abuse, were abused as children, have a disorganized home life, and are isolated from society and have no close friends. While parents are not always the perpetrators of child abuse, 85% of perpetrators of child abuse are parents or relatives, so if you notice parents/relatives of children exhibiting the above behavior, it is important to take notice and recognize that their children could be at risk.

If you suspect that a child is being abused or neglected, you must report it to the appropriate authority. Failing to report child abuse is a violation of the law, and you can be held accountable for failing to report it.

According to The Commercial Appeal, Tennessee ranked number four in the nation for the number of child abuse related deaths. Florida ranked number one, followed by Nebraska and New Mexico. Most of these deaths were very small children, usually under the age of 4.

Those responsible for child abuse related deaths usually claim it was stress related, saying the child wouldn't stop crying or was disobedient, and the parent lost his/her temper and struck the child. Factors that may lead to child abuse include alcohol and drug use, teen pregnancy, and mental illness.

According to The National Coalition to End Child Abuse Deaths, approximately 2,500 children die each year as a result of child abuse. The Coalition is composed of prosecutors, child advocates, and social workers who strive to raise awareness of child abuse deaths and increase funding for Child Protective Services workers who investigate child abuse.

With never-ending budget cuts it is harder than ever for the Department of Children's Services and its Child Protective Services division to handle the rising number of children affected by child abuse. However, these departments are crucial in preventing child abuse which too often can lead to the death of a child. In Tennessee, you are required to report suspected child abuse. Without these reports, the Department will have no way of knowing when a child needs protection.

The number of children taken into Tennessee state protective custody due to meth increased substantially in 2010. In 2009, 288 children affected by meth were placed in protective custody. In 2010 that number jumped to 484. In most of these cases, the children were considered severely neglected.

According to the Knoxville News Sentinel, there was a 45% increase in the number of meth labs seized in 2010 compared to the year before. The new "shake and bake" method of manufacturing meth has caused more users to make their own meth, turning even more homes into potentially deadly meth labs at risk of fires or explosions.

Unfortunately, children are often the silent victims of their parents' crimes. Children who grow up in meth labs are exposed to toxic vapors and fumes, the long term effects of which are not yet known. These children no doubt are neglected. Parents using meth often become careless and violent and lose the ability to nurture their children. They often fall into a deep sleep lasting several days, leaving the children to fend for themselves. In addition, meth labs are usually booby trapped and adults in the home are usually heavily armed. Children living in these dangerous and chaotic conditions often develop emotional and mental health problems, not to mention the obvious safety concerns.

Whether parents are using or manufacturing meth, they are not competent caregivers and their children should be placed in protective custody. Many complain about the cost of having a child in protective custody, but considering the alternative, it is a necessary expense until the meth problem in Tennessee is under control.