Amends TCA Title 36, Chapter 1.

This bill revises and expands the present law provision providing factors that a court must consider in determining whether termination of parental rights is in the best interest of a child. Under present law, termination of parental or guardianship rights must be based upon a finding by the court by clear and convincing evidence that the grounds for termination of parental or guardianship rights have been established and that termination of the parent's or guardian's rights is in the best interest of the child. Present law provides the following factors that a court must consider, but is not limited to, in determining whether termination of parental or guardianship rights is in the best interests of a child: (1) Whether the parent or guardian has made such an adjustment of circumstance, conduct, or conditions as to make it safe and in the child's best interest to be in the home of the parent or guardian; (2) Whether the parent or guardian has failed to effect a lasting adjustment after reasonable efforts by available social service agencies for such duration of time that lasting adjustment does not reasonably appear possible; (3) Whether the parent or guardian has maintained regular visitation or other contact with the child; (4) Whether a meaningful relationship has otherwise been established between the parent or guardian and the child; (5) The effect a change of caretakers and physical environment is likely to have on the child's emotional, psychological and medical condition; (6) Whether the parent or guardian, or other person residing with the parent or guardian, has shown brutality, physical, sexual, emotional or psychological abuse, or neglect toward the child, or another child or adult in the family or household; (7) Whether the physical environment of the parent's or guardian's home is healthy and safe, whether there is criminal activity in the home, or whether there is such use of alcohol, controlled substances or controlled substance analogues as may render the parent or guardian consistently unable to care for the child in a safe and stable manner; (8) Whether the parent's or guardian's mental and/or emotional status would be detrimental to the child or prevent the parent or guardian from effectively providing safe and stable care and supervision for the child; or (9) Whether the parent or guardian has paid child support consistent with the child support guidelines promulgated by the department pursuant to the provisions relating to child support orders. This bill revises the above provisions to require a court to consider all relevant and child-centered factors applicable to the particular case before the court. This bill also revises the above-described factors that the court may consider, as follows: (1) Retains factor (5); (2) Revises the following factors, as follows: (A) In factor (1), adds that in determining if such an adjustment has been made, the court will consider whether there is criminal activity in the home or by the parent, or the use of alcohol, controlled substances, or controlled substance analogues which may render the parent unable to consistently care for the child in a safe and stable manner; (B) In factor (3), adds as a consideration whether the parent used the visitation or other contact to cultivate a positive relationship; (C) In factor (6), to add "persons who frequent the home" and to consider the brutality, abuse, or neglect shown toward any other child or adult; (D) In factor (8), replaces "status" with "fitness"; and (E) In factor (7), removes the references to criminal activity and drug or alcohol, which were incorporated into factor (1) as amended by this bill (as described above); (3) Deletes factors (2), (4), and (9); and (4) Adds the following items as factors: (A) The effect a termination of parental rights will have on the child's critical need for stability and continuity of placement throughout the child's minority; (B) Whether the parent has demonstrated continuity and stability in meeting the child's basic material, educational, housing, and safety needs; (C) Whether the parent and child have a secure and healthy parental attachment, and if not, whether there is a reasonable expectation that the parent can create such attachment; (D) Whether the child is fearful of living in the parent's home; (E) Whether the parent, parent's home, or others in the parent's household trigger or exacerbate the child's experience of trauma or post-traumatic symptoms; (F) Whether the child has created a healthy parental attachment with another person or persons in the absence of the parent; (G) Whether the child has emotionally significant relationships with persons other than parents and caregivers, including biological or foster siblings, and the likely impact of various available outcomes on these relationships and the child's access to information about the child's heritage; (H) Whether the parent has taken advantage of available programs, services, or community resources to assist in making a lasting adjustment of circumstances, conduct, or conditions; (I) Whether the department has made reasonable efforts to assist the parent in making a lasting adjustment in cases where the child is in the custody of the department; (J) Whether the parent has demonstrated a sense of urgency in establishing paternity of the child, seeking custody of the child, or addressing the circumstance, conduct, or conditions that made an award of custody unsafe and not in the child's best interest; (K) Whether the parent has ever provided safe and stable care for the child or any other child; (L) Whether the parent has demonstrated an understanding of the basic and specific needs required for the child to thrive; (M) Whether the parent has demonstrated the ability and commitment to creating and maintaining a home that meets the child's basic and specific needs and in which the child can thrive; and (N) Whether the parent has consistently provided more than token financial support for the child. This bill also adds that: (1) "Parent" means both parent and guardian when referenced in the factors above; (2) The court must identify and support, by specific findings of fact, in the court's written order all factors considered applicable to a particular case; (3) When considering the factors for whether termination of parental or guardian rights is in the best interests of a child, the prompt and permanent placement of the child in a safe environment is presumed to be in the child's best interest; and (4) Expert testimony is not required to prove or disprove any factor by any party.