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Tennessee Code Annotated

Tenn. Code Ann. § 37-1-167 (2026)

Removal from abusive parent or other party

✓ current as of May 2026
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If a child has suffered either sexual abuse or aggravated child abuse at the hands of a parent, legal guardian or caregiver, that child shall not be placed back in the care of the abusive party unless the judge finds by clear and convincing evidence that a threat to the child's safety no longer exists.

Acts 1994, ch. 978, § 6.

Notes of Decisions
Cited in 6 cases, 2016–2018 · leading case: In Re: Samuel D., 536 S.W.3d 447 (Tenn. Ct. App. 2016).
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In Re: Samuel D., 536 S.W.3d 447 (Tenn. Ct. App. 2016). “37-1-130(c) and T.C.A. 37-1-167, these children shall not be returned to the custody or residence of [Mother] and [Father] without a finding by Court, by clear and convincing evidence, that the threat to the child’s safety no longer exists and that the child will be provided a…”
In Re Emmalee O. (Tenn. Ct. App. 2018). · cites it 4× “threat to the child’s safety no longer exists[,]” Tenn. Code Ann. § 37-1-167 or that “ . . .”
In Re Emmalee O. (Tenn. Ct. App. 2018). · cites it 4× “threat to the child’s safety no longer exists[,]” Tenn. Code Ann. § 37-1-167 or that “ . . .”
In re Alfonzo E. (Tenn. Ct. App. 2016). · cites it 2× “Regarding this ground, the trial court found that: Because of the severe abuse finding, Tenn. Code Ann. §§ 37-1-167 and 37-1-130(c) require that the Court must find by clear and convincing evidence that a threat to the children‟s safety no longer exists in order to return them…”
In re: M. D. (Tenn. Ct. App. 2016). “The Court finds by clear and convincing evidence pursuant to TCA 37-1-129 (a) (2), that this child is a victim of severe abuse, as defined in TCA 37-1-102(21); that it was perpetrated by [Father], and that pursuant to TCA 37-1-130 (d) and TCA 37-1-167, the Court shall not return…”
In Re: Delilah G. (Tenn. Ct. App. 2017). “1-130(c) and T.C.A. 37-1-167, this child shall not be returned to the custody or residence of [Father] or [Mother] without a finding by this court, by clear and convincing evidence, that a threat to the child’s safety no longer exists and that the child will be provided a safe…”
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