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Draper v. State9/4/2003
ld that an individual cannot state a cause of action based upon the deprivation of a statutory "right" without pointing to express language in the statute which confers a private right of action in the individual's favor. See Tate v. State, 2003 WL 21026939 (Tenn. Ct. App. Apr 14, 2003); A'la v. State, 2002 WL 1838162 (Tenn. Ct. App. Aug. 13, 2002); Taylor v. State, 2001 WL 873470 (Tenn. Ct. App. July 31, 2001). The statutory scheme dealing with removal of abused children does not grant a private right of action within the statute for the state's failure to remove. Tenn. Code Ann. §9-8-307 (a)(1)(N) does not confer jurisdiction for the stated claim, and neither does Tenn. Code Ann. §9-8-307 (a)(1)(E). Plaintiff is couching a claim for deprivation of statutory rights as a claim of negligent care in an effort to avoid having to point to language in the statute which confers a right of action. We conclude there is no basis for jurisdiction pursuant to the statute, and we affirm the Commission's dismissing plaintiff's claim.
Any issues regarding the statute of limitations and tolling were pretermitted by the Commission based on its finding that it did not have subject matter jurisdiction, and we pretermit addressing these issues for the same reason.
The Commission's Judgment is affirmed and the cause remanded with the cost of the appeal assessed to Angela Draper.
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