Administrative “Indication” of Child Sexual Abuse: Tennessee Dept. of Children’s Services v. Davis

Facts: Davis was the Executive Director of the Youth Emergency Shelter. Shortly after Child reviewed a comic book designed to help children recognize and disclose child sexual abuse, Child told Mother, a long-time employee at the youth shelter, that Davis had touched her inappropriately. Neither Mother nor a counselor who evaluated Child believed Child was […]

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Termination of Parental Rights and Res Judicata in Tennessee: In re Shyronne D.H.

Facts: Following an incident with one of her children, Mother was charged with aggravated child neglect and aggravated child abuse. Mother pleaded guilty to aggravated assault and was sentenced to six years’ incarceration. In a separate proceeding, Mother’s children were determined to be dependent and neglected and victims of severe child abuse, and Mother filed a […]

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2011 Tennessee Legislative Update Part II

More on new family law legislation from the Tennessee Legislature in 2011: Orders of Protection. A new law specifies that an ex parte order of protection issued to protect the petitioner from domestic abuse, stalking, or domestic assault may require the respondent to immediately vacate the residence shared with the petitioner, pending a hearing on the matter. 2011 PC 253, effective 5/23/11. […]

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“Severe Child Abuse” in Tennessee Dependency and Neglect Matter: In re Samaria S.

Facts: Mother gave birth to premature twins. Before the hospital released the infants to Mother’s care, she was given extensive instructions on their feeding. Two weeks later, one twin was hospitalized, near death from severe malnutrition and dehydration. Days later, the other twin was hospitalized, also severely malnourished and dehydrated. The twins were taken into […]

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Dependency and Neglect: In re Nirvanna S.

Facts: Mother and Father were parents to two girls, Dreama and Nirvanna (“Child”). Dreama died. A medical examination revealed old and new bruises on several areas of her body, torn rectal tissue, and multiple broken and fractured bones. The Tennessee Department of Children’s Services (“DCS”) brought an action to remove Child from her parents’ custody […]

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Discovery and Visitation in Tennessee Divorce: Shaw v. Shaw

Facts: During divorce proceeding, Child allegedly accused Father of sexual abuse. The Department of Children’s Services investigated and found the allegations to be unfounded. Mother also found video cameras had been surreptitiously installed in Child’s bathroom. Father claimed that he installed the cameras because many times when he would call to speak with the children at night, […]

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