Amends TCA Title 36 and Title 37.

Under this bill, when a child is born to a parent that has another child in the custody of the department after being removed due to dependency and neglect or, if the department did not have notice of the child's birth, when the department is notified of the birth, the department will be required to conduct an immediate investigation based on the immediate threat to the child's safety and well-being. This bill creates a rebuttable presumption that any child born to a parent, from whose custody another child has been removed for being dependent or neglected and is in the custody of the department of children's services, is subject to an immediate threat to the child's health or safety to the extent that delay for a hearing would be likely to result in severe or irreparable harm and there is no less drastic alternative to removal of the child from the custody of the child's parent that would reasonably and adequately protect the child's health or safety. If the department determines that the presumption has been rebutted, this bill requires the department to notify the court within 24 hours. If a child is removed from its parent's custody pursuant to this bill, the department will be prohibited from returning the child to the parent's custody unless: (1) A guardian ad litem is appointed for the child; (2) A full investigation has been conducted by the department and the results of the investigation, including any previous allegations, complaints, or petitions of abuse or dependency and neglect against the parent, have been presented to the court at a hearing to determine whether the child is dependent and neglected; and (3) The court determines by clear and convincing evidence that the child will be provided a safe home. ON APRIL 28, 2021, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1377, AS AMENDED. AMENDMENT #1 rewrites the bill. Under this amendment, there will be a presumption that any child born to a parent, from whose custody a child has previously been removed for being dependent or neglected and the child who was previously removed is in the custody of the department of children's services, may be dependent or neglected and that it is in the best interest of both children that the child's birth be brought to the court's attention. This amendment also requires: (1) Upon learning of the birth of the subsequent child, the department to notify the court that adjudicated the first child dependent and neglected and any other party entitled to notice of the subsequent child's birth; and (2) Upon receiving such notice, the court to immediately schedule a hearing to inquire into the effect of the subsequent child's birth upon the case before the court and to address any further needed steps to protect the safety and well-being of the family.