Amends TCA Title 4; Title 9; Title 36 and Title 37.

ON APRIL 29, 2019, THE HOUSE ADOPTED AMENDMENTS #1 AND #5 AND PASSED HOUSE BILL 509, AS AMENDED.<br /> <br /> AMENDMENT #1 rewrites this bill to make various additions to present law concerning child abuse.<br /> <br /> INVESTIGATIONS<br /> <br /> Present law requires that an investigation of a report of child abuse must include:<br /> <br /> (1) The nature, extent and cause of the harm, including a determination of whether there exists a threat of harm, and the nature and extent of any present or prior injuries or abuse;<br /> (2) The identity of the person responsible for it;<br /> (3) The names and conditions of the other children in the home;<br /> (4) An evaluation of the parents or persons responsible for the care of the child, the home environment, and the relationship of each child to the parents or persons responsible for such child's care;<br /> (5) The identity of any other persons in the same household;<br /> (6) The identity of any other children in the care of any adult residing in the household; and<br /> (7) All other pertinent data.<br /> <br /> Present law further requires that the investigation include a visit to the child's home, an interview with and physical observation of the child, and an interview with the parent or parents or other custodian of the child and any other persons in the child's home.<br /> <br /> This amendment adds that the investigation include the nature and extent of any previous allegations, complaints, or petitions of abuse or dependency and neglect against the parent or person responsible for the care of the child.<br /> <br /> This amendment also adds that the home visit component of the investigation include an interview with and the physical observation of any other children in the child's home.<br /> <br /> REVIEW<br /> <br /> This amendment adds to present law concerning placement of children in foster care. This amendment requires that, within 12 months of a child entering state custody, the department must review the child's case to determine, in the department's discretion, if reunification with family is feasible, and if not, whether to pursue termination of parental rights.<br /> <br /> DEFINITION OF "SEVERE CHILD ABUSE"<br /> <br /> Present law defines "severe child abuse" to include various types of harmful conduct towards a child. Severe child abuse is a ground for termination of parental rights. Additionally, a conviction for severe child abuse disqualifies a person from eligibility to work in a public school.<br /> <br /> This amendment expands the definition of "severe child abuse" to include knowingly or grossly negligently allowing a child under eight years of age to ingest an illegal substance or a controlled substance that results in the child testing positive on a drug screen, except as legally prescribed to the child.<br /> <br /> AMENDMENT #5 adds a change to present law concerning the use of detention for juveniles that are adjudicated delinquent.<br /> <br /> Present law authorizes a court to order a child adjudicated delinquent to be placed in an institution, camp, or other facility for delinquent children operated under the direction of the court or other local public authority. Effective July 1, 2019, detention may no longer be ordered as a disposition for a juvenile in conjunction with a finding of delinquency, unless detention is specifically authorized for the particular act that the juvenile engaged in.<br /> <br /> This amendment removes the prohibition against use of detention as a disposition for children adjudicated delinquent and adds to present law authorization for placement in an institution, camp, or other facility by specifying that the court may order detention for a maximum of 10 days for the delinquent child that must be served only on weekends between hours specified by the court. The court may order the delinquent child to participate in programming at a nonresidential facility for delinquent children operated under the direction of the court or other local public authority after the period of detention. This amendment adds a requirement that the court report each disposition of detention to the administrative office of the courts.<br /> <br /> ON APRIL 29, 2019, THE SENATE SUBSTITUTED HOUSE BILL 509 FOR SENATE BILL 209, AND RESET HOUSE BILL 509.<br /> <br /> ON APRIL 30, 2019, THE SENATE FURTHER CONSIDERED HOUSE BILL 509, ADOPTED AMENDMENT #3, AND PASSED HOUSE BILL 509, AS AMENDED.<br /> <br /> AMENDMENT #3 removes the changes made by House Amendment #5.<br /> <br /> ON MAY 1, 2019, THE HOUSE NON-CONCURRED IN SENATE AMENDMENT #3.<br /> <br /> ON MAY 1, 2019, THE SENATE REFUSED TO RECEDE IN ITS ACTION IN ADOPTING SENATE AMENDMENT #3.<br /> <br /> ON MAY 1, 2019, THE HOUSE REFUSED TO RECEDE FROM ITS NON-CONCURRENCE IN SENATE AMENDMENT #3 AND APPOINTED A CONFERENCE COMMITTEE. <br /> <br /> ON MAY 1, 2019, THE SENATE APPOINTED A CONFERENCE COMMITTEE.<br /> <br /> ON MAY 2, 2019, THE HOUSE ADOPTED THE CONFERENCE COMMITTEE REPORT AND MADE IT THE ACTION OF THE HOUSE.<br /> <br /> ON MAY 2, 2019, THE SENATE ADOPTED THE CONFERENCE COMMITTEE REPORT AND MADE IT THE ACTION OF THE SENATE.<br /> <br />