Tennessee House Bill HB1109

Tennessee 2023-2024 Regular Session

• Introduced: 1/31/23
• Refer: 2/2/23
• Refer: 3/28/23
• Refer: 4/4/23
• Chaptered: 5/4/23
• Passed: 5/4/23

Caption

AN ACT to amend Tennessee Code Annotated, Title 36, Chapter 6 and Title 39, Chapter 13, Part 3, relative to custodial interference.

Impact

If enacted, HB1109 would make it a legal requirement for individuals to comply with custody orders issued by the courts, ensuring that children placed in protective custody are returned to state custody lawfully. The bill is designed to prevent individuals from circumventing legal custody arrangements, thereby reinforcing the authority of the Department of Children's Services in safeguarding children's welfare. The legislation seeks to close existing loopholes that allow individuals to hide children from the state and further complicates custody disputes.

Summary

House Bill 1109 aims to amend existing Tennessee law regarding custodial interference, particularly relating to the harboring or hiding of children who are under the jurisdiction of the Department of Children's Services due to protective custody orders. The new provisions stipulate that knowingly harboring or hiding a child under such orders is a violation of the law, even if the individual in custody has not received an actual copy of the order. The intent behind the bill is to strengthen the legal framework surrounding child custody matters and enhance the responsibilities of individuals who may come into contact with affected children.

Sentiment

The sentiment surrounding HB1109 appears to be supportive among legislators who emphasize the need to protect children and ensure compliance with legal custody orders. Advocacy groups for children's rights are likely to view this measure favorably as it aligns with broader efforts to enhance child welfare and protect vulnerable populations. However, there may be concerns regarding the implications for parents or guardians who might unintentionally violate such orders without being formally notified.

Contention

While the bill presents a proactive approach to custodial interference, there may be contention around the measure's enforcement provisions. Critics might argue that the law places too much responsibility on caregivers and does not adequately address situations where an individual genuinely may not be aware of a protective custody order. Additionally, there could be discussions on how the legal system should handle cases where the interests of the child conflict with the rights of the parents or guardians, particularly regarding communication and due process.