Can the Tennessee Department of Children's Services overturn a child protection team finding that a child has been sexually abused?

Plain-English summary

State Representative Sherry Jones asked whether the Tennessee Department of Children's Services had the authority to reverse a Child Protection Team's determination that a child had been sexually abused, specifically for purposes of decisions about service provision. The AG concluded yes, and tied the answer to a combination of statute and DCS rules.

The structure starts with Title 37, Chapter 1 of the Tennessee Code, which has two interlocking Parts. Part 4 (§§ 37-1-401 through 414) handles child abuse investigations generally. Part 6 (§§ 37-1-601 through 616) handles child sexual abuse investigations specifically. Both Parts say they are to be read complementarily with each other and with any other statute, so the AG treated them as a single scheme.

Part 4 says child sexual abuse investigations are to be conducted by a child protection team (CPIT) under Part 6. A CPIT is a multi-disciplinary body. § 37-1-607(a)(2) requires representatives from DCS, the District Attorney General's office, the juvenile court, and local law enforcement. A mental health representative is optional. A child advocacy center representative is required in geographic areas served by such centers.

When a CPIT investigates a report, it must determine whether the report was "indicated or unfounded" and report its findings to the child abuse registry. § 37-1-406(i). The legislature also required DCS, under § 37-1-612(f)(1), to "adopt rules to establish administrative and due process procedures for the disclosure of the contents of its files and the results of its investigations" in that registry.

DCS adopted those rules at Tenn. Comp. R. & Regs. ch. 0250-07-09-.01 through .11. Rule 0250-07-09-.06(1) says the Commissioner's designee determines, on formal file review, whether a report has been properly classified as indicated. Rule 0250-07-09-.06(9) expressly authorizes the Commissioner's designee to reverse the CPIT's classification. Because that reversal is general, the AG concluded, it applies for all purposes, including service provision.

The CPIT's classification can be reversed by the Commissioner's designee. The opinion says that a general reversal applies for all purposes, including service provision. It does not address the effect of a reversal on any particular person's services.

Currency note

This opinion was issued in 2010. Both the statutes and the DCS rules in this area have been amended since then. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Background and statutory framework

Tennessee law calls for a child protection team to investigate child sexual abuse reports. The opinion identifies required representatives from DCS, the district attorney general's office, juvenile court, and local law enforcement. The team determines whether a report was indicated or unfounded and reports its findings to the child abuse registry.

The opinion addresses what DCS can do after the team classifies a report as indicated. It does not discuss employment, foster care, adoption, parental rights, or the consequences of a particular registry entry.

Tenn. Code Ann. § 37-1-612(f)(1) required DCS to adopt administrative and due process procedures for disclosure of its files and investigation results in the child abuse registry. Under the rules cited by the opinion, the Commissioner's designee decides on formal file review whether a report was properly classified as indicated and may reverse the CPIT's determination.

The opinion's bottom line was procedural: yes, the agency had authority to reverse its own CPIT's call. The opinion did not assess the substantive standard for reversal, the burden of proof, or whether a particular reversal in a particular case was appropriate.

Common questions

Q: Who can reverse a CPIT's indicated classification under the rules cited here?
A: The Commissioner's designee can reverse the CPIT's determination after a formal file review. The opinion does not describe who can request that review.

Q: What does "indicated" actually mean?
A: The opinion says the CPIT determines whether a report was "indicated or unfounded" and reports its findings to the child abuse registry. It does not define the evidentiary standard for either classification.

Q: Is formal file review the only way DCS may change a CPIT finding?
A: The opinion identifies a formal file review rule that lets the Commissioner's designee reverse a CPIT determination. It does not decide whether that is the only possible route.

Q: What was the legal effect of a reversal?
A: The opinion says a general reversal applies for all purposes, including service provision. It does not say that the original finding barred services or that a reversal restores them.

Q: Did the rules give the accused person notice and an opportunity to be heard?
A: The statute commands "administrative and due process procedures." The rules at 0250-07-09 build out the procedural specifics. The opinion did not analyze the adequacy of those procedures in detail.

Citations and references

Statutes:

• Tenn. Code Ann. §§ 37-1-401 through 414 (Part 4 child abuse investigations)
• Tenn. Code Ann. §§ 37-1-601 through 616 (Part 6 child sexual abuse investigations)
• Tenn. Code Ann. § 37-1-402(b) (Part 4 complementary reading)
• Tenn. Code Ann. § 37-1-406(b) (CPIT for sexual abuse investigations)
• Tenn. Code Ann. § 37-1-406(i) (indicated/unfounded classification; registry)
• Tenn. Code Ann. § 37-1-601(b) (Part 6 complementary reading)
• Tenn. Code Ann. § 37-1-607(a)(2) (CPIT composition)
• Tenn. Code Ann. § 37-1-612(f)(1) (DCS rule-making mandate; due-process procedures)

Rules:

• Tenn. Comp. R. & Regs. ch. 0250-07-09-.01 through .11 (registry review framework)
• Tenn. Comp. R. & Regs. ch. 0250-07-09-.06(1), (9) (Commissioner's designee may affirm or reverse classification)

Source

• Landing page: https://www.tn.gov/attorneygeneral/opinions.html
• Original PDF: https://www.tn.gov/content/dam/tn/attorneygeneral/documents/ops/2010/op10-101.pdf

Original opinion text

DCS Authority to Reverse Child Protection Team Determination of Sexual Abuse

QUESTION

Is the Department of Children's Services ("DCS" or "the Department") authorized by statute or other authority to reverse a determination by the child protection team ("CPIT") that a child has been sexually abused for purposes of service provision?

OPINION

Yes. The Department is authorized generally by statute and rule to reverse a CPIT's determination that a child has been sexually abused.

ANALYSIS

Two separate but closely interrelated Parts of Title 37, Chapter 1 of the Tennessee Code Annotated govern child abuse investigations. To oversimplify somewhat, Part 4 governs child abuse investigations generally, while Part 6 specifically governs child sexual abuse investigations. See generally Tenn. Code Ann. §§ 37-1-401 through 414 and 37-1-601 through 616. However, both parts specify that they are to be read complementarily with each other and with any other statute. See Tenn. Code Ann. §§ 37-1-402(b) and 37-1-601(b). It therefore makes sense to read the two parts as an essentially unitary scheme.

Part 4 provides that child sexual abuse investigations shall be conducted by a child protection team (commonly known as a "CPIT") pursuant to the provisions of Part 6. Tenn. Code Ann. § 37-1-406(b). A CPIT is composed of representatives from various entities interested in civil and criminal investigation and prosecution of child sexual abuse. It must include one representative each from the Department, the District Attorney General's Office, the juvenile court, and local law enforcement. Tenn. Code Ann. § 37-1-607(a)(2). It may also include a representative of a mental health discipline and must include a representative of a child advocacy center in geographical areas served by such centers. Id.

When a CPIT investigates a report of child sexual abuse, the CPIT must determine whether the report "was indicated or unfounded and report its findings to the child abuse registry." Tenn. Code Ann. § 37-1-406(i). The Legislature has required the Department to adopt rules to establish "administrative and due process procedures for the disclosure of the contents of its files and the results of its investigations" contained in the child abuse registry. Tenn. Code Ann. § 37-1-612(f)(1). Accordingly, the Department has promulgated rules that provide for review of the CPIT's determination of child sexual abuse. See Tenn. Comp. R. & Regs. ch. 0250-07-09-.01 through .11. The designee of the Department's Commissioner determines in a formal file review whether a report has been properly classified as indicated. Tenn. Comp. R. & Regs. ch. 0250-07-09-.06(1). The Commissioner's designee is authorized to reverse the CPIT's determination. Tenn. Comp. R. & Regs. ch. 0250-07-09-.06(9). Because the Department's reversal is a general reversal, it would apply for all purposes, including service provision.

ROBERT E. COOPER, JR.
Attorney General and Reporter

BARRY TURNER
Deputy Attorney General

DOUGLAS EARL DIMOND
Senior Counsel

Requested by:
Honorable Sherry Jones
State Representative
26 Legislative Plaza
Nashville, TN 37243-0159