Title 52, Department of Disability and Aging

(1) A person is eligible for service and support under this chapter on the basis of an intellectual or developmental disability only if the assessment that the person has an intellectual or developmental disability takes into account:(1) Cultural and linguistic diversity, as well…

A person with an intellectual or developmental disability, a parent or legal guardian of a child with an intellectual or developmental disability, a conservator of a person with an intellectual or developmental disability, the department of children's services on behalf of a pers…

(a) Notwithstanding any state law to the contrary, eligibility criteria for medical assistance programs and services pursuant to title 71, chapter 5, for persons with an intellectual or developmental disability must be established by the bureau of TennCare, and set forth in the m…

(a) An eligible person with an intellectual disability who is on the referral list for services and whose older custodial parent, or custodial caregiver, attains seventy-five (75) years of age must be enrolled in employment and community first choices Group 5 or a similarly cappe…

(a) As used in this section, “fiscal impact” means any increase, decrease, or other change in revenue, expenditures, or fiscal liability. (b) The department of intellectual and developmental disabilities shall assess in writing the fiscal impact on licensees under chapter 2, part…

(1) As used in this part, unless the context otherwise requires:(1) “Family” means a unit that consists of either a person with a severe or developmental disability and the parent, relative, or other caregiver who resides in the same household or a person with a severe or develop…

(a) The policy of the state is that persons with severe or developmental disabilities and their families be afforded supports that emphasize community living and enable them to enjoy typical lifestyles. (b) Programs to support families must be based on the following principles:(1…

(1) The primary focus of the family support program is supporting:(1) Families with children with severe or developmental disabilities, school age and younger;(2) Adults with severe or developmental disabilities who choose to live with their families; and(3) Adults with severe or…

The contracted agency is responsible for assisting each family for whom services and support will be provided in assessing each family's needs and shall prepare a written plan with the person and family. The needs and preferences of the family and individual are the basis for det…

The family support services included in this program include, but are not limited to, family support services coordination, information, referral, advocacy, educational materials, emergency and outreach services, and other individual and family-centered assistance services, such …

As a part of the family support program, the contracted agency shall provide service coordination for each family that includes information, coordination, and other assistance as needed by the family.

The family support program shall assist families of adults with a severe or developmental disability in planning and obtaining community living arrangements, employment services, and other resources needed to achieve, to the greatest extent possible, independence, productivity, a…

The commissioner shall appoint a state family support council composed of fifteen (15) members, of whom at least a majority must be persons with severe or developmental disabilities or their parents or primary caregivers. The council must have one (1) representative from each dev…

(a) The department shall adopt policies and procedures regarding the development of appropriations requested for family support. (b) Unless the commissioner determines an exigent circumstance exists, the department shall seek input from the state family support council prior to a…

(a) The state family support council shall meet at least quarterly. The council shall participate in the development of program policies and procedures and perform other duties as are necessary for statewide implementation of the family support program. All reimbursement for trav…

The department shall administer the family support services program and shall establish annual benefit levels per family served. Implementation of this part and the program and annual benefit levels, or any portion of the program or benefits levels, are contingent upon annual lin…

In accordance with policies and procedures developed and adopted by the state family support council and the department, information gathered through the family support program on persons with a developmental disability, other than an intellectual disability, for whom services ar…

(a) As used in this part, unless the context otherwise requires:(1) “Emergency respite admission” means an admission for up to forty-five (45) days authorized due to an emergency situation that results in the temporary inability of the person who has the care, custody, and contro…

The facility may discharge a person admitted under § 52-5-301 at any time when it is in the person's best interest.

(a) (1) The department may review the appropriateness of admission to a privately or publicly funded residential facility for persons with an intellectual or developmental disability. The department shall investigate to assess the validity of an allegation of:(A) Deprivation of l…

The commissioner may establish programs, including community-based programs, for training, habilitating, or rehabilitating persons with an intellectual disability under this part.

(1) A person poses a “substantial likelihood of serious harm” for purposes of this title only if:(1) The person:(A) Has threatened or attempted suicide or to inflict serious bodily harm on the person;(B) Has threatened or attempted homicide or other violent behavior;(C) Has place…

(a) The district attorney general may file a complaint to require involuntary care and treatment of the defendant under § 52-5-404 only if:(1) The circuit, criminal, or general sessions court determines on the basis of an evaluation under § 52-6-102 that a criminal defendant is i…

(a) A person may be judicially committed to involuntary care and treatment in the custody of the commissioner in proceedings conducted in conformity with chapter 3, part 5 of this title only if:(1) The person has an intellectual disability;(2) The person poses a substantial likel…

A defendant must not be judicially committed under § 52-5-404 unless licensed physicians or licensed psychologists, designated as a health service provider by the commissioner, file in the commitment proceeding two (2) certificates of need for training and treatment, certifying t…

A judicially committed defendant does not come into the custody of the commissioner until the commissioner determines that the state has an available suitable accommodation and designates a licensed facility to admit the defendant.

Whenever a person receives evaluation, training, or treatment services under this part or part 5 of this chapter in connection with a criminal charge or conviction, wherever incarcerated, the person must receive credit toward the satisfaction of the sentence for the time spent in…

Without regard to its wording, any court order of commitment under this part is considered in law as a transfer of the person to the custody of the commissioner.

(a) The commissioner shall cause each person judicially committed under § 52-5-404 or transferred under § 52-3-301, to be evaluated as often as necessary but not less often than every six (6) months. (b) The commissioner or the commissioner's designee shall report the details of …

(a) If the commissioner or the commissioner's designee determines that any person judicially committed under § 52-5-404, no longer meets the standards under which the person was committed, then the decision maker must immediately order the person's release and cause the person to…

(a) If the department determines that a person, who has been judicially committed under § 52-5-404 by a criminal court in connection with a capital offense or with a verdict of not guilty by reason of insanity on a capital offense, no longer meets the commitment standards under w…

(1) The court with criminal jurisdiction shall order a person to participate in community-based services under a plan approved and developed by the department to attain and maintain competence to stand trial and reduce the risk of becoming committable only if:(1) The court finds …

(1) The court with criminal jurisdiction may order a person to participate in community-based services under a plan approved and developed by the department to avoid deterioration to the point where the person would be committable only if:(1) The court finds on proof by clear and…

(1) The court with criminal jurisdiction may order the person to participate in community-based services under a plan approved and developed by the department to prevent the person's deterioration to the point where the person would be committable only if:(1) The court finds on p…

If upon completion of an evaluation of a person under § 52-5-404 or § 52-5-409, the department determines that the person meets the standards in § 52-5-501, § 52-5-502, or § 52-5-503, and if the department certifies to the court that there are funds available within the limits of…

If a defendant contests a plan proposed by the department under § 52-5-501, § 52-5-502, or § 52-5-503, then the court must hold a hearing within seven (7) days of receipt of the request to determine whether the plan is programmatically appropriate and legally permissible. The cou…

A service provider with a person supported under § 52-5-501, § 52-5-502, or § 52-5-503 shall assess the person supported's needs at least every six (6) months and report to the court every six (6) months on the person's progress toward the goal of the plan and on the person's use…

If, after two (2) years of intensive training on a department-approved competence to stand trial plan under § 52-5-501, the defendant has not made substantial progress to attain competence to stand trial, then the service provider must assess the defendant's needs and may termina…

(a) There is created the statewide planning and policy council for the department to assist in planning a comprehensive array of high-quality prevention, early intervention, treatment, and habilitation services and supports and to advise the department on policy, budget requests,…

(a) The statewide planning and policy council shall advise the commissioner as to plans and policies to be followed in the service systems and the operation of the department programs and facilities, recommend to the general assembly legislation and appropriations for the program…