Tennessee § 37-1-140 - Legal custodian — Duties.

§ 37-1-140. Legal custodian — Duties.

A custodian to whom legal custody has been given by the court under this part has the right to the physical custody of the child, the right to determine the nature of the care and treatment of the child, including ordinary medical care and the right and duty to provide for the care, protection, training and education, and the physical, mental and moral welfare of the child, subject to the conditions and limitations of the order and to the remaining rights and duties of the child's parents or guardian. A custodian is also responsible for providing notices as required in § 49-6-3051, to the principal of the school in which the child is enrolled. As an alternative to a parent or guardian transferring legal custody pursuant to this section or as otherwise provided by law, a parent or guardian may temporarily provide for the care of a child by executing a power of attorney for care of a minor child, pursuant to the Power of Attorney for Care of a Minor Child Act, compiled in title 34, chapter 6, part 3. Acts 1970, ch. 600, § 39; T.C.A., § 37-239; Acts 2003, ch. 71, § 2; 2003, ch. 238, § 1. Attorney General Opinions. When the juvenile court has adjudicated a child dependent or neglected and has placed the child in the department of children's services' custody but has not terminated parental rights, the department of children's services has the right and duty to be present at a multi-disciplinary (IEP) team meeting, OAG 02-022 (2/26/02). The General Assembly has neither explicitly nor implicitly supplied the Department of Children's Services (DCS) with authority to make decisions about extraordinary medical care, and the juvenile court may not unilaterally confer such authority upon DCS, OAG 04-127 (8/11/04).