Tennessee's Foster Care

Tennessee's Foster Care Review Law was enacted to protect children from unnecessary separation from parents and from needless prolonged placement in foster care. It was also enacted to provide a mechanism to monitor the care of children in foster care to insure that a permanent plan for the child will be achieved if possible. T.C.A. § 37-2-401 et seq.

Foster care is defined in T.C.A. § 37-2-402(5) as:

The temporary placement of a child in the custody of the Department of Human Services or any agency, institution, or home whether public or private for care outside the home of a parent or relative (by blood or marriage) of the child whether such placement is by court order, voluntary placement agreement, surrender of parental rights, or otherwise.

An agency is required, within thirty (30) days of foster care placement, to prepare a plan for each child in its foster care. T.C.A. § 37-2-403. This plan must include a goal for the child and a statement of responsibilities between the parents, the agency and the case worker of the agency.

In addition to the plan for each child, the agency must submit a report for each child in its foster care to the appropriate court or advisory review board on its progress in achieving the goals in the plan. T.C.A. § 37-2-404. Such reports are to be made within six (6) months of foster care placement and every six (6) months thereafter for as long as the child remains in foster care.

"Court" is defined by the statute as "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." T.C.A. § 37-2-402(3). "Board" is defined as "an adversary review board appointed by a juvenile court judge, juvenile court judges or the department of human services." T.C.A. § 37-2-402(2).