Tennessee § 38-3-116 - Inquiry regarding arrested person's children and whether they will be left unattended by arrest — Policies and procedures for conducting welfare checks — Liability.
Full text of Tennessee Tennessee Code Annotated § 38-3-116 — Inquiry regarding arrested person's children and whether they will be left unattended by arrest — Policies and procedures for conducting welfare checks — Liability., with citation guidance and answers to common questions.
§ 38-3-116. Inquiry regarding arrested person's children and whether they will be left unattended by arrest — Policies and procedures for conducting welfare checks — Liability.
Each law enforcement agency shall ensure that, whenever a person is arrested and taken into custody by an officer of the agency, the person is asked whether that person is the parent or legal custodian of any children that will be left unattended by the person's arrest. From this information, the officer shall determine whether the child or children will be endangered by the parent or legal custodian's absence following an arrest. Each law enforcement agency shall develop policies and procedures for conducting welfare checks on any child identified under subsection (a) as endangered. A welfare check may be performed by the arresting agency or another agency responsible for ensuring the safety and welfare of children. In the event the arrested person fails to inform the arresting law enforcement agency of any endangered children described in subsection (a), no arresting law enforcement agency, nor its personnel, shall be liable. Acts 2018, ch. 801, § 1. Effective Dates. Acts 2018, ch. 801, § 2. July 1, 2018.
Source: official Tennessee text · Last verified 2026-08-27
Frequently Asked Questions About Tennessee § 38-3-116
What does Tennessee Code Annotated § 38-3-116 cover?
Section 38-3-116 ("Inquiry regarding arrested person's children and whether they will be left unattended by arrest — Policies and procedures for conducting welfare checks — Liability.") is part of the Tennessee Code Annotated, the codified statutory law of Tennessee. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Tennessee § 38-3-116?
A common citation format is "Tennessee Code Annotated § 38-3-116" (Tennessee). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Tennessee law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Tennessee official source linked on this page or consult a licensed Tennessee attorney.
How does Tennessee § 38-3-116 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Tennessee can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Tennessee.