Tennessee Code Annotated

Tenn. Code Ann. § 37-1-147 (2026)

Termination of parental rights

✓ current as of May 2026
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Acts 1970, ch. 600, § 46; 1977, ch. 482, § 6; 1981, ch. 316, § 4; 1981, ch. 348, §§ 3, 4; 1983, ch. 435, §§ 4, 5; T.C.A., § 37-246; Acts 1985, ch. 478, § 31; 1991, ch. 126, § 1; 1995, ch. 532, § 13.


Notes of Decisions
Cited in 38 cases (4 in the last 5 years), 1984–2024 · leading case: State Dep't of Human Servs. v. Defriece, 937 S.W.2d 954 (Tenn. Ct. App. 1996).
State Dep't of Human Servs. v. Defriece, 937 S.W.2d 954 (Tenn. Ct. App. 1996). · cites it 22× “T.C.A. §§ 37-1-147 and 148 (Supp. 1995). [6] T.”
In Re Drinnon, 776 S.W.2d 96 (Tenn. Ct. App. 1988). · cites it 8× “The petitions to terminate parental rights were based on Tenn. Code Ann. § 37-1-147 (d), upon the theories of abandonment set forth in Tenn.”
Nash-Putnam v. McCloud, 921 S.W.2d 170 (Tenn. 1996). · cites it 5× “The next issue is whether the proof is sufficient to support the termination of the mother’s parental rights pursuant to Tenn. Code Ann. § 37-1-147 . That section provides that parental rights may be terminated if the court finds by clear and convincing evidence that termination…”
Nale v. Robertson, 871 S.W.2d 674 (Tenn. 1994). · cites it 4× “§ 36-1-111 that would allow the court to enter a decree of adoption based on the best interest of the child, without a prior judicial termination of the father’s parental rights pursuant to T.C.A. § 37-1-147 et seq., is constitutionally invalid.”
Tennessee Dep't of Human Servs. v. Riley, 689 S.W.2d 164 (Tenn. Ct. App. 1984). · cites it 3× “NOTES [1] This statute has been amended in several respects and is now T.C.A. 37-1-147(d) (1984). [2] This section is now 37-1-147(e) (1984).”
State, Dep't of Human Servs. v. Smith, 785 S.W.2d 336 (Tenn. 1990). · cites it 2× “Thereafter, the complaint under which DHS sought a termination of the parental rights of the Smiths, was amended to seek termination under the provisions of T.C.A. § 37-1-147, which provides in pertinent part: (d) After hearing evidence on a termination petition, the court may…”
In Re Est. of Dobbins, 987 S.W.2d 30 (Tenn. Ct. App. 1998). · cites it 3× ““Custody” does not exist by virtue of mere physical possession of the child; T.C.A. § 37-1-147 states: (a)The juvenile court shall be authorized to terminate the rights of a parent or guardian to a child upon the grounds and pursuant to the procedures set forth in title 36,…”
State Ex Rel. Dep't of Human Servs. v. Harris, 849 S.W.2d 334 (Tenn. 1993). · cites it 4× “The Department filed a petition to terminate the parental rights of the father and the mother of a minor, pursuant to T.C.A. § 37-1-147 (1991), after the child had been found to be dependent and neglected.”
Webb v. Wilson, 980 S.W.2d 372 (Tenn. Ct. App. 1998). “§ 37 — 1—104(c) provided that “[t]he juvenile court has concurrent jurisdiction with the circuit and chancery courts in proceedings to terminate parental rights pursuant to § 37-1-147, or in cases where a child has been abandoned as defined by § 37 — 1—102(b)(1).”
Kilpatrick v. Brown, 776 S.W.2d 96 (Tenn. Ct. App. 1988). · cites it 2× “§ 37-l-147(d), upon the theories of abandonment set forth in Tenn.Code Ann. § 37-1-147 and the mother’s noncompliance with the foster care plan as required by Tenn.”
Dept.of Child.Servs. v. G.C. (Tenn. Ct. App. 2003). · cites it 4× “Mother raises three issues for our consideration: (1) whether the evidence supports the trial court’s finding that Mother failed to substantially comply with the permanency plan; (2) whether the evidence supports a finding that termination of Mother’s parental rights was…”
State DHS v. Russell (Tenn. Ct. App. 1997). · cites it 6× “Mother appealed, arguing that the evidence preponderates against the trial court’s determination that there is clear and convincing evidence that termination is in the child’s best interest and that one or more of the conditions set forth in T.C.A. § 37-1-147(d)(1)(A)-(C) (Supp.…”
— Tenn. Code Ann. § 37-1-147(a) — 1 case
State Dep't of Human Servs. v. Defriece, 937 S.W.2d 954 (Tenn. Ct. App. 1996). “T.C.A. §§ 37-1-147 and 148 (Supp. 1995). [6] T.”
— Tenn. Code Ann. § 37-1-147(b)(c)(d)(1) — 1 case
— Tenn. Code Ann. § 37-1-147(d) — 4 cases
Nale v. Robertson, 871 S.W.2d 674 (Tenn. 1994). “§ 36-1-111 that would allow the court to enter a decree of adoption based on the best interest of the child, without a prior judicial termination of the father’s parental rights pursuant to T.C.A. § 37-1-147 et seq., is constitutionally invalid.”
Tennessee Dep't of Human Servs. v. Riley, 689 S.W.2d 164 (Tenn. Ct. App. 1984). “NOTES [1] This statute has been amended in several respects and is now T.C.A. 37-1-147(d) (1984). [2] This section is now 37-1-147(e) (1984).”
— Tenn. Code Ann. § 37-1-147(d)(1) — 1 case
State Dep't of Human Servs. v. Defriece, 937 S.W.2d 954 (Tenn. Ct. App. 1996). “T.C.A. §§ 37-1-147 and 148 (Supp. 1995). [6] T.”
— Tenn. Code Ann. § 37-1-147(d)(1)(A) — 2 cases
Tennessee Dep't of Human Servs. v. Riley, 689 S.W.2d 164 (Tenn. Ct. App. 1984). “NOTES [1] This statute has been amended in several respects and is now T.C.A. 37-1-147(d) (1984). [2] This section is now 37-1-147(e) (1984).”
State DHS v. Russell (Tenn. Ct. App. 1997). “Mother appealed, arguing that the evidence preponderates against the trial court’s determination that there is clear and convincing evidence that termination is in the child’s best interest and that one or more of the conditions set forth in T.C.A. § 37-1-147(d)(1)(A)-(C) (Supp.…”
— Tenn. Code Ann. § 37-1-147(d)(2) — 1 case
Nash-Putnam v. McCloud, 921 S.W.2d 170 (Tenn. 1996). “The next issue is whether the proof is sufficient to support the termination of the mother’s parental rights pursuant to Tenn. Code Ann. § 37-1-147 . That section provides that parental rights may be terminated if the court finds by clear and convincing evidence that termination…”
— Tenn. Code Ann. § 37-1-147(d)(3) — 1 case
State of Tennessee v. Havin Hameed (Tenn. Crim. App. 2010).
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