Amends TCA Title 37, Chapter 5; Title 39, Chapter 15, Part 4 and Title 71, Chapter 3, Part 5.
ON APRIL 14, 2022, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2748, AS AMENDED. AMENDMENT #1 rewrites this bill and: (1) Redefines "adversely affect the child's health and welfare" for purposes of the offense of knowingly abusing or neglecting a child under 18 years of age, so as to adversely affect the child's health and welfare. Present law provides that the term includes, but is not limited to, the natural effects of starvation or dehydration or acts of female genital mutilation. This amendment adds that term also includes "adverse effects on the emotional and mental health and welfare of the child." Under present law the offense is a Class A misdemeanor, unless the abused or neglected child is eight years of age or younger, in which case it is a Class E felony; and (2) Revises the present law Class A misdemeanor offense of a person or entity operating a child care agency without being licensed or continuing to operate such agency while a suspension of the license is in effect, or operating a child care agency following the effective date of a denial or revocation of a license. This amendment retains the Class A misdemeanor for operating without being licensed and increases the penalty to a Class E felony for operating under the following circumstances: (A) While a suspension of a license issued by the department is in effect; (B) Following the effective date of a denial or revocation of a license by the department; or (C) Without being licensed by the department and within 10 years of a previous finding by the department that the person or entity operated a child care agency without being licensed by the department.
ON APRIL 14, 2022, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2748, AS AMENDED. AMENDMENT #1 rewrites this bill and: (1) Redefines "adversely affect the child's health and welfare" for purposes of the offense of knowingly abusing or neglecting a child under 18 years of age, so as to adversely affect the child's health and welfare. Present law provides that the term includes, but is not limited to, the natural effects of starvation or dehydration or acts of female genital mutilation. This amendment adds that term also includes "adverse effects on the emotional and mental health and welfare of the child." Under present law the offense is a Class A misdemeanor, unless the abused or neglected child is eight years of age or younger, in which case it is a Class E felony; and (2) Revises the present law Class A misdemeanor offense of a person or entity operating a child care agency without being licensed or continuing to operate such agency while a suspension of the license is in effect, or operating a child care agency following the effective date of a denial or revocation of a license. This amendment retains the Class A misdemeanor for operating without being licensed and increases the penalty to a Class E felony for operating under the following circumstances: (A) While a suspension of a license issued by the department is in effect; (B) Following the effective date of a denial or revocation of a license by the department; or (C) Without being licensed by the department and within 10 years of a previous finding by the department that the person or entity operated a child care agency without being licensed by the department.
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