Tennessee Code Annotated
Tenn. Code Ann. § 37-2-402 (2026)
Part definitions
✓ current as of May 2026
As used in this part, unless the context otherwise requires:
- (1) "Abandonment", for purposes of terminating the parental or guardian rights of a parent or a guardian of a child to that child in order to make that child available for adoption, has the same meaning as defined in § 36-1-102;
- (2) "Abandonment of an infant" means, for purposes of terminating parental or guardian rights, "abandonment" of a child under one (1) year of age;
- (3) "Agency" means a child care agency, as defined in title 71, chapter 3, part 5, or in chapter 5, part 5 of this title, regardless of whether such agency is licensed or approved, and includes the department of children's services;
- (4) "Board" means an advisory review board appointed by a juvenile court judge, juvenile court judges, or the department of children's services as provided in this part;
- (5) "Court" means the juvenile court having jurisdiction over the person of the child, or, if no juvenile court has jurisdiction over the child, then the juvenile court in the county in which the child resides;
- (6) "Date of foster care placement" means the original date on which the child is physically placed in foster care;
- (7) "Judge" means a juvenile judge or the judge having jurisdiction over the person of the child;
- (8) "Parent" means the natural parent or legal guardian, except in cases when guardianship is held by an agency pursuant to a determination of abandonment or surrender of parental rights;
- (9) "Plan" or "permanency plan" means a written plan for a child placed in foster care with the department of children's services or in the care of an agency as defined in subdivision (3) and as provided in § 37-2-403; and
- (10) "Report" means a written report by an advisory review board as provided in § 37-2-406 or by the department of children's services or by an agency having custody of a child as provided in § 37-2-404.
Amended by 2024 Tenn. Acts, ch. 613,s 4, eff. 7/1/2024.
Amended by 2020 Tenn. Acts, ch. 525, s 12, eff. 3/6/2020.
Acts 1976, ch. 731, § 1; 1982, ch. 811, § 1; 1983, ch. 438, §§ 1-6; T.C.A., § 37-1501(b); Acts 1996, ch. 1079, §§ 73, 112; 1997 , ch. 253, § 1; 1998, ch. 1097, §§ 13, 14; 2000, ch. 981, §§ 51, 57; 2001, ch. 388, § 5; 2009 , ch. 411, § 9; 2010 , ch. 842, § 3; 2010 , ch. 887, § 1.
Notes of Decisions
Cited in 18
cases (3 in the last 5 years), 2002–2025 · leading case: In Re Valentine, 79 S.W.3d 539 (Tenn. 2002).
In Re Valentine, 79 S.W.3d 539 (Tenn. 2002). “Tenn.Code Ann. §§ 37-2-402(8), -403(a)(1).”
In re Alysia S., 460 S.W.3d 536 (Tenn. Ct. App. 2014). “” Tennessee Code Annotated section 37-2-402(9) defines a “permanency plan” as “a written plan for a child placed in foster care with the department of children’s services or in the care of an agency as defined in subdivision (3) and as provided in„§ 37-2-403.”
State Dep't of Child.'s Servs. v. A.M.H., 198 S.W.3d 757 (Tenn. Ct. App. 2006). “Tenn.Code Ann. §§ 37-2-402(8), -403(a)(1).”
In Re Kah'nyia J. (Tenn. Ct. App. 2018). “” In turn, “agency” is defined at section 37-2-402(3) as “[a] child care agency, as defined .”
In Re: A.C.S. (Tenn. Ct. App. 2015). “‖ Section 37-2-402(3) defines ―agency‖ as ―a child care agency, as defined in title 71, chapter 3, part 5.”
Candace Mullins v. State of Tennessee (Tenn. Ct. App. 2009). “In T.C.A. § 37-2-402 (5), “foster care” is defined as the temporary placement of a child in the custody of the department of children’s services or any .”
In Re: Adoption of AMH, a minor Jerry L. Baker & wife, Louise K. Baker v. Shao-Qiang (Jack) He & wife, Qin (Casey) Luo (Tenn. Ct. App. 2005). “Tenn. Code Ann. § 37-2-402 (5) (2003) (emphasis added).”
In Re: Jarrett P. (Tenn. Ct. App. 2018). “See Tenn. Code Ann. § 37-2-402 (1)(C) (2014) (defining token visitation as “nothing more than perfunctory visitation or visitation of such an infrequent nature or of such short duration as to merely establish minimal or insubstantial contact with the child”).”
In Re Kailyn B. (Tenn. Ct. App. 2022). “The trial court acknowledged that a permanency plan as defined in Tennessee Code Annotated section 37-2-402(9) was inapplicable to this case and granted Mother’s motion for involuntary dismissal on that ground.”
In Re: Demitrus M.T. (Tenn. Ct. App. 2011). “In T.C.A. § 37-2-402(5)[now § 37-1-102(15)], “foster care” is defined as the temporary placement of a child in the custody of the department of children’s services or any .”
In Re Austin H. (Tenn. Ct. App. 2010). “” Tenn. Code Ann. § 37-2-402 (8). DCS must prepare a permanency plan for each child in its foster care.”
In Re: A.R. (DOB 8/13/05) A Child Under Eighteen Years of Age (Tenn. Ct. App. 2008). “Tenn. Code Ann. § 37-2-402 (8). Requirements for permanency plans are listed in Tennessee Code Annotated section 37-2-403.”
— Tenn. Code Ann. § 37-2-402(3) — 2 cases
In Re Kah'nyia J. (Tenn. Ct. App. 2018). “” In turn, “agency” is defined at section 37-2-402(3) as “[a] child care agency, as defined .”
In Re: A.C.S. (Tenn. Ct. App. 2015). “‖ Section 37-2-402(3) defines ―agency‖ as ―a child care agency, as defined in title 71, chapter 3, part 5.”
— Tenn. Code Ann. § 37-2-402(5) — 2 cases
In Re: Demitrus M.T. (Tenn. Ct. App. 2011). “In T.C.A. § 37-2-402(5)[now § 37-1-102(15)], “foster care” is defined as the temporary placement of a child in the custody of the department of children’s services or any .”
— Tenn. Code Ann. § 37-2-402(8) — 2 cases
In Re Valentine, 79 S.W.3d 539 (Tenn. 2002). “Tenn.Code Ann. §§ 37-2-402(8), -403(a)(1).”
State Dep't of Child.'s Servs. v. A.M.H., 198 S.W.3d 757 (Tenn. Ct. App. 2006). “Tenn.Code Ann. §§ 37-2-402(8), -403(a)(1).”
— Tenn. Code Ann. § 37-2-402(9) — 5 cases
In re Alysia S., 460 S.W.3d 536 (Tenn. Ct. App. 2014). “” Tennessee Code Annotated section 37-2-402(9) defines a “permanency plan” as “a written plan for a child placed in foster care with the department of children’s services or in the care of an agency as defined in subdivision (3) and as provided in„§ 37-2-403.”
In Re Kah'nyia J. (Tenn. Ct. App. 2018). “” In turn, “agency” is defined at section 37-2-402(3) as “[a] child care agency, as defined .”
In Re: A.C.S. (Tenn. Ct. App. 2015). “‖ Section 37-2-402(3) defines ―agency‖ as ―a child care agency, as defined in title 71, chapter 3, part 5.”
In Re Kailyn B. (Tenn. Ct. App. 2022). “The trial court acknowledged that a permanency plan as defined in Tennessee Code Annotated section 37-2-402(9) was inapplicable to this case and granted Mother’s motion for involuntary dismissal on that ground.”
In Re Isabella P. (Tenn. Ct. App. 2025).
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