Tennessee Code Annotated
Tenn. Code Ann. § 37-1-409 (2026)
Reports confidential - Authorized access to information - Penalty for violation
✓ current as of May 2026
- (a)
- (1) Except as otherwise provided by this section and §§ 37-1-612 and 37-5-107, reports of harm made under this part and the identity of the reporter are confidential, except when the juvenile court in which the investigation report is filed, in its discretion, determines the testimony of the person reporting to be material to an indictment or conviction.
- (2) Except as may be ordered by the juvenile court as herein provided, the name of any person reporting child abuse shall not be released to any person, other than employees of the department or other child protection team members responsible for child protective services, the abuse registry, or the appropriate district attorney general upon subpoena of the Tennessee bureau of investigation, without the written consent of the person reporting. Such person's identity shall be irrelevant to any civil proceeding and shall, therefore, not be subject to disclosure by order of any court. This shall not prohibit the subpoenaing of a person reporting child abuse when deemed necessary by the district attorney general or the department to protect a child who is the subject of a report; provided, that the fact that such person made the report is not disclosed.
- (b) Except as otherwise provided in this part, it is unlawful for any person, except for purposes directly connected with the administration of this part, to disclose, receive, make use of, authorize or knowingly permit, participate in, or acquiesce in the use of any list or the name of, or any information concerning, persons receiving services pursuant to this part, or any information concerning a report or investigation of a report of harm under this part, directly or indirectly derived from the records, papers, files or communications of the department or divisions thereof acquired in the course of the performance of official duties.
- (c) In addition to such other purposes as may be directly connected with the administration of this part, the department shall also grant access to information to those persons specified in § 37-1-612.
- (d) The department may confirm whether a child abuse or neglect investigation has been commenced, but may not divulge, except as permitted under this part, any details about the case, including, but not limited to, the name of the reporter, the alleged victim, or the alleged perpetrator.
- (e) The department shall adopt such rules as may be necessary to carry out the following purposes:
- (1) The establishment of administrative and due process procedures for the disclosure of the contents of its files and the results of its investigations for the purpose of protecting children from child sexual abuse, physical abuse, emotional abuse, or neglect; and
- (2) For other purposes directly connected with the administration of this chapter, including, but not limited to, cooperation with schools, child care agencies, residential and institutional child care providers, child protection agencies, individuals providing care or protection for the child, medical and mental health personnel providing care for the child and the child's family and the perpetrator of any form of child abuse or neglect, law enforcement agencies, the judicial and correctional systems, and for cooperation with scientific and governmental research on child abuse and neglect.
- (f) Except as specifically provided in this chapter, nothing in this chapter shall prevent the department from sharing information with the district attorney general and law enforcement personnel for the purpose of cooperating with a law enforcement investigation. Information from departmental records that is shared with the district attorney general or law enforcement by the department shall remain confidential to the same extent that information not shared with the district attorney general and law enforcement is confidential. Unless otherwise ordered by a court, or to the extent that such information is used for criminal prosecution, or to the extent required under the Tennessee rules of criminal procedure after criminal charges have been filed, any portion of shared information that does not become part of a court record shall remain confidential to the same extent as information not shared by the department remains confidential.
- (g) A violation of this section is a Class B misdemeanor.
Acts 1973, ch. 81, § 1; 1977, ch. 343, § 4; Acts 1978, ch. 886, § 4; T.C.A., §§ 37-1208, 37-1209; Acts 1985, ch. 478, § 42; 1987, ch. 145, §§ 15, 23; 1988, ch. 964, § 3; 1989, ch. 591, § 112; 2000, ch. 981, § 51; 2005, ch. 391, § 11; 2008, ch. 1146, § 3; 2009, ch. 358, § 3.
Notes of Decisions
Cited in 14
cases (3 in the last 5 years), 1997–2024 · leading case: Farley v. Farley, 952 F. Supp. 1232 (M.D. Tenn. 1997).
Farley v. Farley, 952 F. Supp. 1232 (M.D. Tenn. 1997). “and Sandra Farley, or Hugh Curtiss, 6 is hereby agreed to be confidential under T.C.A. §§ 37-1-409 and 37-1-612, is hereby designated to be confidential, and shall be subject to the provisions of this agreement.”
John B. v. Goetz, 879 F. Supp. 2d 787 (M.D. Tenn. 2010). “* * * This Court has little difficulty in concluding that T.C.A. §§ 37-1-409 and 37-1-612 establish an evidentiary privilege that is entitled to deference under the principles of federalism and comity that are an implicit component of Rule 501 [of the Federal Rules of Evidence].”
Lopez Ex Rel. Lopez v. Metro. Gov't, 594 F. Supp. 2d 862 (M.D. Tenn. 2009). “While recognizing that, in federal civil rights actions it would be anomalous to allow state law privileges, such as those contained in Tenn.Code Ann. §§ 37-1-409 and 37-1-612, to hamper enforcement of those claims, the Court adopted a deferential standard in analyzing and…”
Pearson v. Miller, 211 F.3d 57 (3rd Cir. 2000). “1997) ("This Court has little difficulty in concluding the T.C.A. §§ 37-1-409 and 37-1-612 establish an evidentiary privilege that is entitled to deference under the principles of federalism and comity that are an implicit component of Rule 501.”
Boyd v. Youth Opportunity Investments, LLC (TV1) (E.D. Tenn. 2022). “In summary, the statutes Defendant cites forbid any disclosure of reports about children involving harm, Tenn. Code Ann. § 37-1-409 , sexual abuse, Tenn.”
Creger v. Tucker (M.D. Tenn. 2022). “Analysis Creger and DCS’s motions hinge on two points of disagreement: (1) whether the information Creger seeks from DCS is relevant, and (2) whether the records are protected from disclosure by the statutory privilege established by Tenn. Code Ann. §§ 37-1-409 , 37-1-612, and…”
Chris Eric Strickland v. Pennye Danielle Strickland (Tenn. Ct. App. 2012). “We have concluded that the trial court erred in excluding two of Mother’s expert witnesses and in admitting testimony regarding child abuse allegations that should have been excluded based upon Tennessee Code Annotated § 37-1-409. Having considered the record, including the…”
Stanley Green v. Nashville & Davidson Cnty. (Tenn. Ct. App. 2002). “The court also found that neither Tenn. Code Ann. § 37-1-409 nor § 37-1-612 are applicable to this case.”
In Re Kandace D. (Tenn. Ct. App. 2018). “Shaw’s testimony should have been excluded pursuant to Tennessee Code Annotated Section 37-1-409, which protects the confidentiality of information included in reports of child abuse, including the identity of the reporter.”
State of Tennessee v. Derek Deon Hester (Tenn. Crim. App. 2011). “§ 37-1-409. Tennessee Code Annotated section 37-1-409 further provides that shared information that does not become part of a court record - through court order, criminal prosecution, or to the extent required by the rules of criminal procedure - remains confidential.”
Nanci I. Holden v. Paul D. Holden (Tenn. Ct. App. 2007). “Husband argues that this rationale violates the spirit of T.C.A. § 37-1-409 (2005) – i.e., the statute that requires reports of suspected child abuse, and the identity of the reporter, to be kept confidential in order to protect the child or children and to encourage individuals…”
John Doe v. Comm'r George W. Hattaway of The (Tenn. Ct. App. 2002). “T.C.A. § 37-1-409(e)(1) and (2) provides as follows: (e) The department shall adopt such rules as may be necessary to carry out the following purposes: (1) The establishment of administrative and due process procedures for the disclosure of the contents of its files and the…”
— Tenn. Code Ann. § 37-1-409(a) — 1 case
Chris Eric Strickland v. Pennye Danielle Strickland (Tenn. Ct. App. 2012). “We have concluded that the trial court erred in excluding two of Mother’s expert witnesses and in admitting testimony regarding child abuse allegations that should have been excluded based upon Tennessee Code Annotated § 37-1-409. Having considered the record, including the…”
— Tenn. Code Ann. § 37-1-409(b) — 2 cases
Farley v. Farley, 952 F. Supp. 1232 (M.D. Tenn. 1997). “and Sandra Farley, or Hugh Curtiss, 6 is hereby agreed to be confidential under T.C.A. §§ 37-1-409 and 37-1-612, is hereby designated to be confidential, and shall be subject to the provisions of this agreement.”
Boyd v. Youth Opportunity Investments, LLC (TV1) (E.D. Tenn. 2022). “In summary, the statutes Defendant cites forbid any disclosure of reports about children involving harm, Tenn. Code Ann. § 37-1-409 , sexual abuse, Tenn.”
— Tenn. Code Ann. § 37-1-409(c) — 1 case
Farley v. Farley, 952 F. Supp. 1232 (M.D. Tenn. 1997). “and Sandra Farley, or Hugh Curtiss, 6 is hereby agreed to be confidential under T.C.A. §§ 37-1-409 and 37-1-612, is hereby designated to be confidential, and shall be subject to the provisions of this agreement.”
— Tenn. Code Ann. § 37-1-409(d) — 1 case
Chris Eric Strickland v. Pennye Danielle Strickland (Tenn. Ct. App. 2012). “We have concluded that the trial court erred in excluding two of Mother’s expert witnesses and in admitting testimony regarding child abuse allegations that should have been excluded based upon Tennessee Code Annotated § 37-1-409. Having considered the record, including the…”
— Tenn. Code Ann. § 37-1-409(e)(1) — 3 cases
John B. v. Goetz, 879 F. Supp. 2d 787 (M.D. Tenn. 2010). “* * * This Court has little difficulty in concluding that T.C.A. §§ 37-1-409 and 37-1-612 establish an evidentiary privilege that is entitled to deference under the principles of federalism and comity that are an implicit component of Rule 501 [of the Federal Rules of Evidence].”
Farley v. Farley, 952 F. Supp. 1232 (M.D. Tenn. 1997). “and Sandra Farley, or Hugh Curtiss, 6 is hereby agreed to be confidential under T.C.A. §§ 37-1-409 and 37-1-612, is hereby designated to be confidential, and shall be subject to the provisions of this agreement.”
John Doe v. Comm'r George W. Hattaway of The (Tenn. Ct. App. 2002). “T.C.A. § 37-1-409(e)(1) and (2) provides as follows: (e) The department shall adopt such rules as may be necessary to carry out the following purposes: (1) The establishment of administrative and due process procedures for the disclosure of the contents of its files and the…”
— Tenn. Code Ann. § 37-1-409(e)(2) — 1 case
Farley v. Farley, 952 F. Supp. 1232 (M.D. Tenn. 1997). “and Sandra Farley, or Hugh Curtiss, 6 is hereby agreed to be confidential under T.C.A. §§ 37-1-409 and 37-1-612, is hereby designated to be confidential, and shall be subject to the provisions of this agreement.”
— Tenn. Code Ann. § 37-1-409(f) — 2 cases
Farley v. Farley, 952 F. Supp. 1232 (M.D. Tenn. 1997). “and Sandra Farley, or Hugh Curtiss, 6 is hereby agreed to be confidential under T.C.A. §§ 37-1-409 and 37-1-612, is hereby designated to be confidential, and shall be subject to the provisions of this agreement.”
Chris Eric Strickland v. Pennye Danielle Strickland (Tenn. Ct. App. 2012). “We have concluded that the trial court erred in excluding two of Mother’s expert witnesses and in admitting testimony regarding child abuse allegations that should have been excluded based upon Tennessee Code Annotated § 37-1-409. Having considered the record, including the…”
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