Tennessee Code Annotated
Tenn. Code Ann. § 37-1-113 (2026)
Taking into custody - Grounds
✓ current as of May 2026
- (a) A child may be taken into custody:
- (1) Pursuant to an order of the court under this part;
- (2) Pursuant to the laws of arrest;
- (3) By a law enforcement officer, social worker of the department of human services, or duly authorized officer of the court, if there are reasonable grounds to believe that the conditions specified in § 37-1-114(a)(2) exist; or
- (4) By a law enforcement officer or duly authorized officer of the court if there are reasonable grounds to believe that the child has run away from the child's parents, guardian or other custodian.
- (b) The taking of a child into custody is not an arrest, except for the purpose of determining its validity under the Constitution of Tennessee or the Constitution of the United States.
Acts 1970, ch. 600, § 13; 1977, ch. 482, § 14; 1981, ch. 247, § 2; T.C.A., § 37-213.
Notes of Decisions
Cited in 25
cases (3 in the last 5 years), 1993–2026 · leading case: Hawk v. Hawk, 855 S.W.2d 573 (Tenn. 1993).
Hawk v. Hawk, 855 S.W.2d 573 (Tenn. 1993). “In a divorce case, for example, the harm from the discontinuity of the parents’ relationship compels the court to determine child custody “as the welfare and interest of the child or children may demand.”
Mullins v. State, 320 S.W.3d 273 (Tenn. 2010). “Mullins relies on Tennessee Code Annotated section 37-1-113(a)(3) (2005), which provides that a DCS social worker may take a child into custody if there are reasonable grounds to believe *283 that the child is neglected, dependent or abused and subject to an immediate threat to…”
Crystal BLACKWELL, as Next Friend to Jacob Blackwell, a Minor v. SKY HIGH SPORTS NASHVILLE OPERATIONS, LLC, 523 S.W.3d 624 (Tenn. Ct. App. 2017). “§ 36-6-101 (allowing court intervention into custody *639 matters in cases of divorce); Tenn. Code Ann. § 37-1-113 & -114. (allowing court intervention into custody matters in dependency and neglect)).”
Lee v. Lee, 66 S.W.3d 837 (Tenn. Ct. App. 2001). “In a divorce case, for example, the harm from the discontinuity of the parents’ relationship compels the court to determine child custody “as the welfare and interest of the child or children may demand.”
DeBellis v. Kulp, 166 F. Supp. 2d 255 (E.D. Pa. 2001). “Codified Laws § 26 -7A-12 (2001); Tenn. Code Ann. § 37-1-113 (2001); Utah Code Ann.”
Dep't of Child.'s, Servs. v. Stanfill, 984 S.W.2d 925 (Tenn. Ct. App. 1998). “Section 37-1-113(g)(4), the Department herein nonsuited the ground of severe child abuse as to the mother based on the finding on the appeal.”
Taylor v. Myers, 345 F. Supp. 2d 855 (W.D. Tenn. 2003). “Next, the appellant argues that his statutory rights as a juvenile, specifically, Tenn.Code Ann. §§ 37-1-113—115 (1991) were violated when the police obtained his statements and the consent to search.”
In Re Rommie H. (Tenn. Ct. App. 2020). “Pursuant to T.C.A. § 37-1-113, the Mother has abandoned the child by her willful failure to support the child for four (4) months immediately preceding the filing of this petition or the support paid in the four months immediately preceding the filing of this petition was token…”
In Re: J.C.B. (Tenn. Ct. App. 2014). “Child was placed into emergency custody by the Tennessee Department of Children’s Services (“DCS” or “the Department”), pursuant to Tenn. Code Ann. § 37-1-113 , when he was two months old after law enforcement officials found a methamphetamine lab in the living room of Mother’s…”
In Re C.J.B. (Tenn. Ct. App. 2017). “Tenn. Code Ann. § 37-1-113 (g)(2) allows a court to terminate a parent’s rights when the parent has failed to substantially comply with the statement of responsibilities in a permanency plan.”
In Re Romeo T. (Tenn. Ct. App. 2018). “Tenn. Code Ann. § 37-1-113 (a) (2001); Tenn.”
In Re Jaden H. (Tenn. Ct. App. 2026). “Grandparents further asserted: Pursuant to Tenn. Code Ann. § 37-1-113 Father was not himself entitled to a preliminary hearing within 72 hours of removal because the child was not removed from his care.”
— Tenn. Code Ann. § 37-1-113(a)(3) — 3 cases
Mullins v. State, 320 S.W.3d 273 (Tenn. 2010). “Mullins relies on Tennessee Code Annotated section 37-1-113(a)(3) (2005), which provides that a DCS social worker may take a child into custody if there are reasonable grounds to believe *283 that the child is neglected, dependent or abused and subject to an immediate threat to…”
Jurico Readus v. State of Tennessee (Tenn. Crim. App. 2016).
Andrew Levi Jefferson v. State of Tennessee (Tenn. Crim. App. 2003).
— Tenn. Code Ann. § 37-1-113(g)(4) — 1 case
Dep't of Child.'s, Servs. v. Stanfill, 984 S.W.2d 925 (Tenn. Ct. App. 1998). “Section 37-1-113(g)(4), the Department herein nonsuited the ground of severe child abuse as to the mother based on the finding on the appeal.”
— Tenn. Code Ann. § 37-1-113(i) — 1 case
In Re Daniel B. Jr. (Tenn. Ct. App. 2020).
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