Tennessee 2023-2024 Regular Session

Tennessee House Bill HB0759

Introduced
1/30/23  
Refer
2/2/23  
Refer
3/7/23  

Caption

AN ACT to amend Tennessee Code Annotated, Title 36 and Title 37, relative to the department of children's services.

Impact

With the enactment of HB0759, the Tennessee Code will require the DCS to employ a guardian ad litem in every region across the state. This addition is critical as it emphasizes the importance of representation for children in potentially life-altering legal situations concerning their parental rights. The bill stipulates that if a child remains in the custody of DCS for a minimum of six months, the guardian ad litem is obligated to review the case and determine the appropriateness of filing a petition to terminate the parental rights of the child's parent or guardian.

Summary

House Bill 0759 aims to amend the Tennessee Code Annotated, specifically Title 36 and Title 37, to establish additional safeguards within the Department of Children's Services (DCS). The primary purpose of the bill is to ensure that each region in the state has a qualified guardian ad litem employed to advocate for children who are in the custody of the DCS due to allegations of dependency and neglect. The bill outlines the qualifications for these guardians and mandates their training specifically for termination of parental rights cases.

Contention

While the intent of HB0759 is to safeguard the interests of children in the custody of the state, aspects of its implementation may raise concerns about operational effectiveness and resource allocation. Critics may argue that this could stretch the DCS's current resources thin, needing to ensure that enough trained guardians ad litem are available to handle potentially increased caseloads. Detractors may also worry about the timelines imposed for case reviews and the potential pressure this might create. Furthermore, the bill's effectiveness in truly expediting the termination of parental rights versus the existing system may be scrutinized.

Notable_points

HB0759 underscores a proactive approach to child welfare within Tennessee, aiming to establish a more robust framework for ensuring children's voices are heard in legal processes impacting their lives. The requirement for guardians to be trained specifically for termination cases also highlights an essential focus on improving the qualifications of those who advocate for the welfare of vulnerable children.

Companion Bills

TN SB0544

Crossfiled AN ACT to amend Tennessee Code Annotated, Title 36 and Title 37, relative to the department of children's services.

Similar Bills

No similar bills found.