Cummins is now in federal custody and will be arraigned in California Monday morning before be returned to Tennessee.
The man who alerted authorities to the pair's whereabouts was 29-year-old Griffin Barry, the caretaker of the property on which the cabin was located, according to the Record Searchlight.
Yesterday, he said, Cummins and Elizabeth helped him fish rocks out of the creek.
The school's investigative files provided to The Associated Press by the attorney show that both Cummins and the girl denied kissing.
Sheriff deputies in Siskiyou County on Thursday rescued Thomas and arrested Tad Cummins, 50, a former teacher at her school in Maury County, Tennessee, from a cabin near Yreka, California, about 60 miles (100 km) south of the OR border. Elizabeth was described by authorities to be "healthy" and "unharmed", but they added that the main concern is the state of her emotional and mental well being.
Cummins is now in the custody of the Federal Bureau of Investigation in Sacramento, according to the sheriff's office in Siskiyou County, where he was apprehended.
The details are part of Acting U.S. Attorney Jack Smith's criminal complaint of Cummins' alleged transportation of a minor across state lines for criminal sexual intercourse.
A 15-year-old Tennessee student who was allegedly kidnapped by her teacher and taken to California is back home, a lawyer for the girl's family said Friday.
Cummins was arrested - and the girl was found safe - Thursday outside a cabin in Cecilville, California, ending a 39-day hunt for the teen who was reported missing some 1,900 miles away in her hometown south of Nashville. The pair spent one night in the cabin before the arrest, but they may have been in the area for about a week, Gilley said.
Investigators said Tad fudged information to obtain a $4,500 loan to "meet their financial needs during his suspension from work without pay", court papers say.
A 50-year-old Tennessee teacher, accused of kidnapping his teenage student, is under arrest after more than five weeks on the run.
March 16 - Cummins books a motel for two days in Guymon, Okla. Surveillance cameras show Cummins and Elizabeth at another Walmart, where they purchase several items, including women's razors, chocolate, cheese cubes and K-Y Jelly, a personal lubricant. A tipster led them to the girl and health teacher Tad Cummins Thursday. The father says he is going to have to figure out what sort of state of mind his daughter is in and that it may be a long road to recovery.
Cummins faces state charges of aggravated kidnapping and sexual contact with a minor as well as the federal charges. "She didn't act like a rescued person would act", showing no signs of elation, he said.
Cummins and the student were last seen back in March in Tennessee.
The school system didn't suspend Cummins until February 6.