Any person who believes a child may be suffering from abuse or neglect can file a petition with the court to have that child removed from the custody of the current caregiver, whether that is a parent or someone else. The team at Grimmett Law Firm PLLC helps protect both parents and children regarding parental and family rights.
Sometimes a petition for dependency and neglect can be filed when it is not warranted by someone looking to get revenge or gain custody improperly. If you are seeking to file a petition or seeking to defend against improper allegations of abuse or neglect, we know how to advocate effectively to reach your goals.
Procedures in a Tennessee Dependency and Neglect Case
Most dependency and neglect cases involve the Tennessee Department of Children’s Services. The Department often files these petitions with the Juvenile Court after investigating a situation, but if a parent, other relative, or friend files the petition, the Court generally refers the case to the Department for investigation.
The person filing the petition alleging that the child is dependent and neglected will have the burden of proving with clear and convincing evidence that the child meets the standards to be considered “dependent and neglected” under the law. Grimmett Law Firm understands how to present persuasive evidence to support or defend against allegations of neglect or abuse.
If the court determines that the child is suffering from abuse or neglect, the court can remove the child from the home and grant custody to the State of Tennessee or another person approved by the court. In some situations, the court can terminate all parental rights.
When is a Child Considered to be Dependent and Neglected
Tenn. Code Ann. § 37-1-102(b)(13) describes a number of different situations that could result in a finding that a child is dependent and neglected. Some of these include:
- The child is living with someone who is unfit to provide proper care because of “cruelty, mental incapacity, immorality or depravity”
- The parent, guardian, or custodian neglects or refuses to provide the right medical care for the child
- The child is “unlawfully” kept out of school
- The child’s health or morals are injured or endangered
- The child has been living for at least six months with someone who is not a relative and that person has not initiated proceedings to gain custody
- The child has been found in an illegal place due to lack of proper supervision
- The child has been allowed to engage in prostitution or pornography
- The child has been abused either physically, mentally, or sexually
If a child has been physically and financially cared for by a relative for at least 18 months and the child was placed with this relative by the child’s parent or legal custodian, the court can find that the child would suffer substantial harm if removed from that relative’s care, and therefore, the court could rule that the child is dependent and neglected, so that custody can be taken from the parent or custodian and given instead to the relative who has been providing care for that child.
Work with an Experienced Tennessee Custody Lawyer
It can be difficult to prove or disprove allegations in a dependency and neglect case, but at Grimmett Law Firm, PLLC, we know a child’s future is at stake. We work tirelessly to locate and present the best evidence to support your claim so that together, we can ensure the child has the right custody arrangement for the future.
For a confidential consultation to learn how we can help, contact us today.