Section 0250-07-09-.01 - DEFINITIONS(1) "Abuse" exists when a child victim is suffering from, has sustained, or may be in immediate danger of suffering from or sustaining a wound, injury, disability or physical or mental condition caused by brutality, neglect or other actions or inactions of a parent, relative, guardian or caregiver.(2) "Adult" means any person eighteen (18) years of age or older.(3) "Child victim" means a person under the age of eighteen (18) years of age or a delinquent youth in the Department's custody under the age of nineteen (19).(4) "Child sexual abuse" shall have the same meaning as set out in T.C.A. § 37-1-602(a) (2016 and as amended).(5) "Commissioner's designee" means the person designated by the Commissioner of the Tennessee Department of Children's Services to act pursuant to this rule.(6) "Covered Educational Entities" means the Department of Education, any local board of education, and any Local Educational Agency (LEA).(7) "Covered Individual" means any individual who is currently employed by or conditionally offered employment with one of the Covered Educational Entities.(8) "Department" means the Tennessee Department of Children's Services.(9) "Minor Perpetrator" means a perpetrator of any form of child abuse or neglect who was under the age of eighteen (18) at the time of substantiation and case closure. A minor perpetrator will follow all procedures for perpetrator throughout these Rules unless otherwise specifically noted.(10) "Neglect" means the actions or omissions of a parent, relative, guardian, or caregiver which subject a child victim to actual or threatened harm, including, but not limited to, conduct which leads to a child suffering from any of the conditions listed in the definition of "dependent and neglected child" set out at T.C.A. § 37-1-102(b)(13) (2016 and as amended).(11) "Record" includes files, reports, records, communications and working papers related to investigations or providing services, video tapes, photographs, or electronic mails.(12) "Severe child abuse" shall have the same meaning as set out in T.C.A. § 37-1-102 (2016 and as amended).(13) "Substantiated" means the classification assigned to an individual determined to be a perpetrator of abuse, severe child abuse, child sexual abuse, or neglect. The term substantiated also encompasses synonymous terms set out in rules, policy, and statute, including, but not limited to, "indicated", "founded", or other terms signifying the individual was determined to be the perpetrator of child abuse or neglect.(14) "Unsubstantiated" means the classification assigned to an individual who is not determined to be a perpetrator of abuse, severe child abuse, child sexual abuse or neglect. The term unsubstantiated encompasses synonymous terms set out in rules, policy, and statute, including, but not limited to, "unfounded" or other terms signifying the individual has not been determined to be the perpetrator of child abuse or neglect.Tenn. Comp. R. & Regs. 0250-07-09-.01
Original rule filed September 13, 1988; effective October 28, 1988. Rule assigned a new control number, removed and renumbered from 1240-07-09-.10 filed and effective March 25, 1999. Repeal and new rules filed September 11, 2006; effective November 25, 2006. Emergency rule filed July 19, 2013; effective through January 15, 2014. On January 16, 2014, the rule reverted to its previous status. Amendments filed October 6, 2017; effective 1/4/2018.Authority: T.C.A. §§ 4-5-226(b)(2), 37-1-409, 37-1-612, 37-1-616, 37-5-101, 37-5-105, 37-5-106, 37-5-107, 37-5-112, 37-5-112(a), and 37-5-512(a).