Tennessee Code Annotated

Tenn. Code Ann. § 37-1-401 (2026)

Part definitions

✓ current as of May 2026

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As used in this part, unless the context otherwise requires:

(1) "Child" means a person who is under eighteen (18) years of age or who is reasonably presumed to be under eighteen (18) years of age;

(2) "Department" means the department of children's services; and

(3) "Report of harm" means a report filed under § 37-1-403.

Acts 1973, ch. 81, § 1; impl. am. Acts 1975, ch. 219, § 1; T.C.A., § 37-1201; Acts 1987, ch. 145, § 25; 1988, ch. 964, § 4; 1996, ch. 1079, § 73.

Notes of Decisions

Cited in 10 cases (2 in the last 5 years), 1997–2022 · leading case: Draper v. Westerfield, 181 S.W.3d 283 (Tenn. 2005).

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Draper v. Westerfield, 181 S.W.3d 283 (Tenn. 2005). · cites it 13× “r the defendant, a doctor, is immune from liability pursuant to Tennessee Code Annotated section 37-l-410(a) (1996) in connection with his review of a child abuse victim’s medical records as requested by authorities investigating allegations of child abuse; (2) whether the…”

Bryant-Bruce v. Vanderbilt Univ., Inc., 974 F. Supp. 1127 (M.D. Tenn. 1997). · cites it 3× “According to Defendants, under Tennessee law, they are immune from liability for such conduct pursuant to Tennessee Code Annotated § 37-1-401 to 414. This Act was enacted to: protect children whose physical or mental health and welfare are adversely affected by brutality, abuse…”

As You Sow v. AIG Fin. Advisors, Inc., 584 F. Supp. 2d 1034 (M.D. Tenn. 2008). · cites it 2× “he is not subject to civil liability because T.C.A. § 37-1-401 ... does not create a “private right of action” for failure to report suspected child abuse.”

Boyd v. Youth Opportunity Investments, LLC (TV1) (E.D. Tenn. 2022). · cites it 4× “Defendant’s agents and employees were subject to the provisions of Mandatory Child Abuse Reporting, as set forth in Tenn. Code Ann. § 37-1-401 , et seq., requiring mandatory reporting of sexual and/or inappropriate contact between staff and a minor resident at a facility, such…”

Candace Mullins v. State of Tennessee (Tenn. Ct. App. 2009). · cites it 2× “According to Mother, because DCS was required to actively supervise Carlyle’s temporary placement, it assumed a duty to act when the Crook home was investigated upon the referral, thereby becoming subject to the Commission’s jurisdiction.”

In Re Lucas H. (Tenn. Ct. App. 2021). “The court, in any proceeding under this part resulting from a report of harm or an investigation report under §§ 37-1-401 – 37-1-411, shall appoint a guardian ad litem for the child who was the subject of the report.”

Miller v. Willbanks (Tenn. Ct. App. 1998). · cites it 2× “Willbanks and Hamblen Pediatric Associates pursuant to the Mandatory Child Abuse Reporting Statute and the 1 T.C.A. §§ 37-1-401 to -414 (1991 & Supp. 1995).”

In the Matter of: Jonathan S. C-B (Tenn. Ct. App. 2012). “§ 37-1-149 requires the trial court to appoint a guardian ad litem for a child “in any proceedings under -25- this part resulting from a report of harm or an investigation report under §§ 37-1-401–37-1- 411.” The reference to “this part” in the above quotation apparently refers…”

In the Matter of Kentavious M. (d.o.b. 03/29/2007), A Minor Child Under Eighteen (18) years of age (Tenn. Ct. App. 2010). “The court, in any proceeding under this part resulting from a report of harm or an investigation report under §§ 37-1-401 – 37-1-411, shall appoint a guardian ad litem for the child who was the subject of the report.”

William Winchester v. Christy Little (Tenn. Ct. App. 1998). “The court, in any proceeding under this part resulting from a report of harm or an investigation report under §§37-1-401 - 37-1- 411, shall appoint a guardian ad litem for the child who was the subject of the report.”

— Tenn. Code Ann. § 37-1-401(3) — 1 case

Draper v. Westerfield, 181 S.W.3d 283 (Tenn. 2005). “r the defendant, a doctor, is immune from liability pursuant to Tennessee Code Annotated section 37-l-410(a) (1996) in connection with his review of a child abuse victim’s medical records as requested by authorities investigating allegations of child abuse; (2) whether the…”

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