Tennessee 2025-2026 Regular Session

Tennessee House Bill HB0347 Compare Versions

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2-SENATE BILL 560
3- By Jackson
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54 HOUSE BILL 347
65 By Hurt
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98 HB0347
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1211
1312 AN ACT to amend Tennessee Code Annotated, Title 36;
1413 Title 37 and Title 39, relative to children.
1514
1615 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
1716 SECTION 1. Tennessee Code Annotated, Section 36-1-102(1)(D), is amended by
1817 inserting the following before the period:
1918 , but does not include the failure to meet the needs of a child solely due to financial
2019 hardship unless reasonable material resources such as cash assistance, safe and stable
2120 housing, or tangible goods have been offered to and refused by the parent
2221 SECTION 2. Tennessee Code Annotated, Section 36-1-113(i)(1), is amended by adding
2322 the following as a new subdivision:
2423 (U) The individual economic circumstances of each parent;
2524 SECTION 3. Tennessee Code Annotated, Section 36-1-113, is amended by deleting
2625 subdivision (i)(2) and substituting:
2726 (2) When considering the factors set forth in subdivision (i)(1):
2827 (A) The court must not weigh a factor against a parent solely due to
2928 financial hardship unless reasonable material resources such as cash
3029 assistance, safe and stable housing, or tangible goods have been offered to and
3130 refused by the parent; and
3231 (B) The prompt and permanent placement of the child in a safe
3332 environment is presumed to be in the child's best interest.
33+ SECTION 4. Tennessee Code Annotated, Section 37-1-102(b)(1), is amended by
34+designating the current language as subdivision (b)(1)(A) and adding the following as a new
35+subdivision (b)(1)(B):
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38- SECTION 4. Tennessee Code Annotated, Section 37-1-102(b)(1), is amended by
39-designating the current language as subdivision (b)(1)(A) and adding the following as a new
40-subdivision (b)(1)(B):
4140 (B) "Abuse" does not exist when the alleged harm is solely due to a parent or
4241 guardian's financial hardship, unless reasonable material resources such as cash
4342 assistance, safe and stable housing, or tangible goods have been offered to and refused
4443 by the parent or guardian;
4544 SECTION 5. Tennessee Code Annotated, Section 37-1-102(b)(13), is amended by
4645 designating the current language as subdivision (b)(13)(A) and adding the following as a new
4746 subdivision (b)(13)(B):
4847 (B) "Dependent and neglected child" does not mean a child who meets any of
4948 the criteria listed in subdivision (b)(13)(A) solely due to a parent or guardian's financial
5049 hardship unless reasonable material resources such as cash assistance, safe and stable
5150 housing, or tangible goods have been offered to and refused by the parent or guardian;
5251 SECTION 6. Tennessee Code Annotated, Section 37-1-102(b)(27), is amended by
5352 designating the current language as subdivision (b)(27)(A) and adding the following as a new
5453 subdivision (b)(27)(B):
5554 (B) "Severe child abuse" does not include situations that meet any of the criteria
5655 listed in subdivision (b)(27)(A) solely due to a parent or guardian's financial hardship
5756 unless reasonable material resources such as cash assistance, safe and stable housing,
5857 or tangible goods have been offered to and refused by the parent or guardian;
5958 SECTION 7. Tennessee Code Annotated, Section 37-1-147(a), is amended by inserting
6059 the following language before the period:
6160 ; provided, that the juvenile court is not authorized to terminate the rights of a parent or
6261 guardian solely due to a parent or guardian's financial hardship unless reasonable
62+material resources such as cash assistance, safe and stable housing, or tangible goods
63+have been offered to and refused by the parent or guardian
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67-material resources such as cash assistance, safe and stable housing, or tangible goods
68-have been offered to and refused by the parent or guardian
6968 SECTION 8. Tennessee Code Annotated, Section 37-1-157, is amended by deleting
7069 subsection (d) and substituting:
7170 (d) Subsection (a) does not impose criminal liability:
7271 (1) Upon a mother based solely upon her act of delivering a newborn
7372 infant to a facility pursuant to ยง 68-11-255; or
7473 (2) Upon a parent or guardian solely due to a parent or guardian's
7574 financial hardship unless reasonable material resources such as cash
7675 assistance, safe and stable housing, or tangible goods have been offered to and
7776 refused by the parent or guardian.
7877 SECTION 9. Tennessee Code Annotated, Section 37-1-166(h), is amended by adding
7978 the following as a new subdivision:
8079 (3) Ameliorate conditions of financial hardship outside of the parent or guardian's
8180 financial ability to do so, unless reasonable material resources such as cash assistance,
8281 safe and stable housing, or tangible goods have been offered to and refused by the
8382 parent or guardian;
8483 SECTION 10. Tennessee Code Annotated, Section 39-15-401, is amended by adding
8584 the following as a new subsection:
8685 (j) For purposes of this section, abuse or neglect does not exist when the alleged
8786 harm is solely due to a parent or guardian's financial hardship unless reasonable
8887 material resources such as cash assistance, safe and stable housing, or tangible goods
8988 have been offered to and refused by the parent or guardian.
9089 SECTION 11. This act takes effect July 1, 2025, the public welfare requiring it.