Tennessee House Bill HB0731

Tennessee 2023-2024 Regular Session

• Introduced: 1/27/23
• Refer: 2/1/23
• Refer: 3/14/23

Caption

AN ACT to amend Tennessee Code Annotated, Title 4; Title 37; Title 38 and Title 39, relative to the department of children's services.

Impact

The implications of HB 731 are significant as it alters the existing protocol regarding how records of investigations are handled. Under the new provisions, individuals previously investigated can proactively request the expungement of their records, thereby ensuring that their names are not indefinitely associated with unfounded allegations. This change is designed to support individuals in moving forward without the stigma of a past investigation that did not yield any fault on their part. The DCS will also be required to create specific rules to govern the process for requesting record destruction, ensuring transparency in how such requests are handled.

Summary

House Bill 731 proposes amendments to the Tennessee Code Annotated, specifically targeting the management of records by the Department of Children's Services (DCS) following investigations related to child welfare. The bill stipulates that if the DCS investigates an individual and subsequently closes the case without establishing probable cause for child dependency or neglect, the records of that investigation must be expunged within one year of case closure. This aims to facilitate the removal of potentially harmful records that could impact individuals adversely when they are found innocent of allegations against them.

Contention

Notably, discussions around HB 731 might highlight points of contention regarding the balance between child protection and individual rights. While proponents argue that the bill is essential to protect the reputations of innocent individuals, critics may raise concerns about the potential for misuse of the record expungement process. They may worry that individuals with a history of investigations, even if unsubstantiated, could escape scrutiny and oversight, possibly placing children at risk. The bill seeks to balance the necessity of investigations with the importance of individual dignity and privacy, making it a subject of ongoing debate within the legislative arena.