4 | 3 | | |
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5 | 4 | | HOUSE BILL 347 |
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6 | 5 | | By Hurt |
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7 | 6 | | |
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8 | 7 | | |
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9 | 8 | | HB0347 |
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10 | 9 | | 001763 |
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11 | 10 | | - 1 - |
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12 | 11 | | |
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13 | 12 | | AN ACT to amend Tennessee Code Annotated, Title 36; |
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14 | 13 | | Title 37 and Title 39, relative to children. |
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15 | 14 | | |
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16 | 15 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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17 | 16 | | SECTION 1. Tennessee Code Annotated, Section 36-1-102(1)(D), is amended by |
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18 | 17 | | inserting the following before the period: |
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19 | 18 | | , but does not include the failure to meet the needs of a child solely due to financial |
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20 | 19 | | hardship unless reasonable material resources such as cash assistance, safe and stable |
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21 | 20 | | housing, or tangible goods have been offered to and refused by the parent |
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22 | 21 | | SECTION 2. Tennessee Code Annotated, Section 36-1-113(i)(1), is amended by adding |
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23 | 22 | | the following as a new subdivision: |
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24 | 23 | | (U) The individual economic circumstances of each parent; |
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25 | 24 | | SECTION 3. Tennessee Code Annotated, Section 36-1-113, is amended by deleting |
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26 | 25 | | subdivision (i)(2) and substituting: |
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27 | 26 | | (2) When considering the factors set forth in subdivision (i)(1): |
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28 | 27 | | (A) The court must not weigh a factor against a parent solely due to |
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29 | 28 | | financial hardship unless reasonable material resources such as cash |
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30 | 29 | | assistance, safe and stable housing, or tangible goods have been offered to and |
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31 | 30 | | refused by the parent; and |
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32 | 31 | | (B) The prompt and permanent placement of the child in a safe |
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33 | 32 | | environment is presumed to be in the child's best interest. |
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41 | 40 | | (B) "Abuse" does not exist when the alleged harm is solely due to a parent or |
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42 | 41 | | guardian's financial hardship, unless reasonable material resources such as cash |
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43 | 42 | | assistance, safe and stable housing, or tangible goods have been offered to and refused |
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44 | 43 | | by the parent or guardian; |
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45 | 44 | | SECTION 5. Tennessee Code Annotated, Section 37-1-102(b)(13), is amended by |
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46 | 45 | | designating the current language as subdivision (b)(13)(A) and adding the following as a new |
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47 | 46 | | subdivision (b)(13)(B): |
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48 | 47 | | (B) "Dependent and neglected child" does not mean a child who meets any of |
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49 | 48 | | the criteria listed in subdivision (b)(13)(A) solely due to a parent or guardian's financial |
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50 | 49 | | hardship unless reasonable material resources such as cash assistance, safe and stable |
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51 | 50 | | housing, or tangible goods have been offered to and refused by the parent or guardian; |
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52 | 51 | | SECTION 6. Tennessee Code Annotated, Section 37-1-102(b)(27), is amended by |
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53 | 52 | | designating the current language as subdivision (b)(27)(A) and adding the following as a new |
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54 | 53 | | subdivision (b)(27)(B): |
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55 | 54 | | (B) "Severe child abuse" does not include situations that meet any of the criteria |
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56 | 55 | | listed in subdivision (b)(27)(A) solely due to a parent or guardian's financial hardship |
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57 | 56 | | unless reasonable material resources such as cash assistance, safe and stable housing, |
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58 | 57 | | or tangible goods have been offered to and refused by the parent or guardian; |
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59 | 58 | | SECTION 7. Tennessee Code Annotated, Section 37-1-147(a), is amended by inserting |
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60 | 59 | | the following language before the period: |
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61 | 60 | | ; provided, that the juvenile court is not authorized to terminate the rights of a parent or |
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62 | 61 | | guardian solely due to a parent or guardian's financial hardship unless reasonable |
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69 | 68 | | SECTION 8. Tennessee Code Annotated, Section 37-1-157, is amended by deleting |
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70 | 69 | | subsection (d) and substituting: |
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71 | 70 | | (d) Subsection (a) does not impose criminal liability: |
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72 | 71 | | (1) Upon a mother based solely upon her act of delivering a newborn |
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73 | 72 | | infant to a facility pursuant to ยง 68-11-255; or |
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74 | 73 | | (2) Upon a parent or guardian solely due to a parent or guardian's |
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75 | 74 | | financial hardship unless reasonable material resources such as cash |
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76 | 75 | | assistance, safe and stable housing, or tangible goods have been offered to and |
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77 | 76 | | refused by the parent or guardian. |
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78 | 77 | | SECTION 9. Tennessee Code Annotated, Section 37-1-166(h), is amended by adding |
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79 | 78 | | the following as a new subdivision: |
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80 | 79 | | (3) Ameliorate conditions of financial hardship outside of the parent or guardian's |
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81 | 80 | | financial ability to do so, unless reasonable material resources such as cash assistance, |
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82 | 81 | | safe and stable housing, or tangible goods have been offered to and refused by the |
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83 | 82 | | parent or guardian; |
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84 | 83 | | SECTION 10. Tennessee Code Annotated, Section 39-15-401, is amended by adding |
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85 | 84 | | the following as a new subsection: |
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86 | 85 | | (j) For purposes of this section, abuse or neglect does not exist when the alleged |
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87 | 86 | | harm is solely due to a parent or guardian's financial hardship unless reasonable |
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88 | 87 | | material resources such as cash assistance, safe and stable housing, or tangible goods |
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89 | 88 | | have been offered to and refused by the parent or guardian. |
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90 | 89 | | SECTION 11. This act takes effect July 1, 2025, the public welfare requiring it. |
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