Tennessee Code Annotated

Tenn. Code Ann. § 37-2-401 (2026)

Legislative intent - Construction of part

✓ current as of May 2026

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(a) The primary purpose of this part is to protect children from unnecessary separation from parents who will give them good homes and loving care, to protect them from needless prolonged placement in foster care and the uncertainty it provides, and to provide them a reasonable assurance that, if an early return to the care of their parents is not possible, they will be placed in a permanent home at an early date.

(b) The secondary purpose of this part is to provide a mechanism to monitor the care of children in foster care to ensure that everything reasonably possible is being done to achieve a permanent plan for the child.

(c) When a parent by such parent's actions or failure to act fails to fulfill such parent's responsibilities as a parent, the court shall consider such conduct in determining whether to terminate parental rights, regardless of whether the parent intended such parent's conduct to constitute a relinquishment or forfeiture of such parent's parental rights. When the interests of a child and those of an adult are in conflict, such conflict is to be resolved in favor of a child, and to these ends this part shall be liberally construed.

(d) The department of children's services shall strive to identify and finalize a safe, stable, and permanent home for children in the custody of the department.

Amended by 2023 Tenn. Acts, ch. 187, s 10, eff. 7/1/2023.

Acts 1976, ch. 731, § 1; 1982, ch. 811, § 1; 1983, ch. 438, §§ 1-6; T.C.A., § 37-1501(a).

Notes of Decisions

Cited in 22 cases, 1988–2019 · leading case: In Re Bernard T., 319 S.W.3d 586 (Tenn. 2010).

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In Re Bernard T., 319 S.W.3d 586 (Tenn. 2010). · cites it 2× “2009); Tenn.Code Ann. § 37-2-401(a) (2005). Even when circumstances require that children be separated from their parents, the Department must use reasonable efforts to make it “possible for the child to return safely to the child’s home.”

In Re Drinnon, 776 S.W.2d 96 (Tenn. Ct. App. 1988). · cites it 2× “§ 37-1-147 and the mother's noncompliance with the foster care plan as required by Tenn. Code Ann. § 37-2-401 . The mother filed a motion to dismiss the termination petitions based on the foster care contract provision that the foster parents would not adopt the children.”

State, Dep't of Human Servs. v. Smith, 785 S.W.2d 336 (Tenn. 1990). · cites it 2× “” T.C.A. § 37-2-401(a). And, “[w]hen the interests of a child and those of an adult are in conflict, such conflict is to be resolved in favor of a child, .”

In Re Tiffany B., 228 S.W.3d 148 (Tenn. Ct. App. 2007). “§ 37-2-401(a) (2005). Thus, the Tennessee General Assembly has established the policy that children should not be removed from their parents’ custody unless the separation is necessary for the child’s welfare or is in the interest of public safety, Tenn.”

State, Dept. of Human Servs. v. Hauck, 872 S.W.2d 916 (Tenn. Ct. App. 1993). · cites it 2× “Further, the legislative intent clearly set out in T.C.A. § 37-2-401(c) is exceptionally fitting to the facts of this case.”

Kilpatrick v. Brown, 776 S.W.2d 96 (Tenn. Ct. App. 1988). · cites it 2× “§ 37-1-147 and the mother’s noncompliance with the foster care plan as required by Tenn.Code Ann. § 37-2-401. The mother filed a motion to dismiss the termination petitions based on the foster care contract provision that the foster parents would not adopt the children.”

State of Tennessee, Dep't of Child.'s Servs. v. AAB, In the Matter of : NAB, (7/27/99) (Tenn. Ct. App. 2005). · cites it 4× “” Tenn. Code Ann. § 37-2-401 (a). The statute is to be liberally construed in favor of the child.”

In re Alleyanna S. (Tenn. Ct. App. 2016). · cites it 2× “June 3, 2003) (quoting Tenn. Code Ann. § 37-2-401 (a) (2014)). Mother and Father are currently not in a position to care for Alleyanna, who is at a critical stage in her development.”

In Re Kah'nyia J. (Tenn. Ct. App. 2018). · cites it 2× “”7 Tennessee Code Annotated section 37-2-402(9) defines a “permanency plan” as “a written plan for a 7 Part 4 of Chapter 2 is entitled “Foster Care”; section 37-2-401, inter alia, sets forth the legislative intent.”

In Re Serenity W. (Tenn. Ct. App. 2019). · cites it 2× “Tenn. Code Ann. § 37-2-401 (a) (2014). But we cannot discount the value of the parent-child relationship.”

In Re Keisheal N.E. (Tenn. Ct. App. 2013). · cites it 2× “3d at 157 (citing Tenn. Code Ann. § 37-2-401 (a)). In this regard, The Department must memorialize its efforts in an individualized permanency plan prepared for every dependent and neglected child placed in its custody.”

In the Matter of: D.C., Jr., G.C., D.C., & H.C. (Tenn. Ct. App. 2012). · cites it 2× “One of the stated purposes of these statutes is “to protect [children] from needless prolonged placement in foster care and the uncertainty it provides, and to provide them a reasonable assurance that, if an early return to the care of their parents is not possible, they will be…”

Show all 22 citing cases →

— Tenn. Code Ann. § 37-2-401(a) — 4 cases

In Re Bernard T., 319 S.W.3d 586 (Tenn. 2010). “2009); Tenn.Code Ann. § 37-2-401(a) (2005). Even when circumstances require that children be separated from their parents, the Department must use reasonable efforts to make it “possible for the child to return safely to the child’s home.”

State, Dep't of Human Servs. v. Smith, 785 S.W.2d 336 (Tenn. 1990). “” T.C.A. § 37-2-401(a). And, “[w]hen the interests of a child and those of an adult are in conflict, such conflict is to be resolved in favor of a child, .”

In the matter of: April F. (d.o.b. 11/20/98), Dylan F. (d.o.b. 3/30/00), & Devin F. (d.o.b. 7/24/06 (Tenn. Ct. App. 2010).

— Tenn. Code Ann. § 37-2-401(c) — 2 cases

State, Dept. of Human Servs. v. Hauck, 872 S.W.2d 916 (Tenn. Ct. App. 1993). “Further, the legislative intent clearly set out in T.C.A. § 37-2-401(c) is exceptionally fitting to the facts of this case.”

State Dept of Child.'s Srvcs v. B.J.A.L. (Tenn. Ct. App. 2002).

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