Amends TCA Title 9; Title 29 and Title 37.

This bill limits the liability of a person or entity that contracts with the department of children's services to provide foster care services to children in the department's custody. Under present law, the state maintains limited tort exposure. Generally, for causes of action before the claims commission against the state based on the acts or omissions of state employees, the state is liable for damages up to $300,000 per claimant and $1 million per occurrence. Under this bill, non-governmental independent contractors or other entities that contract with or enter into agreements with the department of children's services to provide foster care services to children in the department's custody will be granted limited tort exposure. In performing or providing such foster care services, the limits of tort exposure for the department of children's services contracting party or party to the agreement will be the same as the limits set for the department of children's services in the provisions governing the claims commission, as described above. The department's contracting party will not be provided any limits to its tort exposure for gross negligence in the performance of the contract or agreement. ON MARCH 21, 2022, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2016, AS AMENDED. AMENDMENT #1 specifies that non-governmental independent contractors that contract with or enter into an agreement with the department of children's services for the provision of foster care continuum services to children in the department's custody are granted limited tort exposure "from civil actions or claims filed by the children and families who are the intended or actual recipients of those services." This amendment adds that a claim against the contractor arising from the contractor's provision of foster care continuum services to children in the department's custody must be filed with a court of competent jurisdiction and will not be heard by the Tennessee claims commission.