Amends TCA Title 36, Chapter 6, Part 1; Title 37 and Section 39-13-306.
If a custody, parentage, child support, or dependency and neglect proceeding is pending before a court and the noncustodial parent fails to return the child to the custodial parent (meaning the parent with whom the child resides more than 50 percent of the time) in accordance with the current visitation order or parenting plan, then this bill authorizes the custodial parent, after reporting the child missing to a law enforcement agency or the TBI, to file a motion with the court seeking an emergency order declaring the child to be in imminent danger of serious bodily injury or death and ordering the noncustodial parent to return the child. This bill authorizes a court to issue such an order based on the court making five findings, which are detailed in the full text of this bill. If a judge enters an order pursuant to this bill, then the clerk of the court must immediately send, via electronic mail or facsimile transmission, a copy of the order to the law enforcement agency investigating the report of the missing child and to the TBI.<br /> <br /> This bill specifies that it does not limit the authority of a law enforcement agency to investigate a report of a missing child, notify local media about a missing child, or issue any form of missing child alert.<br /> <br /> ON MARCH 17, 2022, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2182, AS AMENDED.<br /> <br /> AMENDMENT #1 removes references to the TBI from this bill and specifies that this bill does not "modify the discretion" (instead of "limit the authority) of a law enforcement agency to investigate a report of a missing child, notify local media about a missing child, or issue any form of missing child alert.<br />
If a custody, parentage, child support, or dependency and neglect proceeding is pending before a court and the noncustodial parent fails to return the child to the custodial parent (meaning the parent with whom the child resides more than 50 percent of the time) in accordance with the current visitation order or parenting plan, then this bill authorizes the custodial parent, after reporting the child missing to a law enforcement agency or the TBI, to file a motion with the court seeking an emergency order declaring the child to be in imminent danger of serious bodily injury or death and ordering the noncustodial parent to return the child. This bill authorizes a court to issue such an order based on the court making five findings, which are detailed in the full text of this bill. If a judge enters an order pursuant to this bill, then the clerk of the court must immediately send, via electronic mail or facsimile transmission, a copy of the order to the law enforcement agency investigating the report of the missing child and to the TBI.<br /> <br /> This bill specifies that it does not limit the authority of a law enforcement agency to investigate a report of a missing child, notify local media about a missing child, or issue any form of missing child alert.<br /> <br /> ON MARCH 17, 2022, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2182, AS AMENDED.<br /> <br /> AMENDMENT #1 removes references to the TBI from this bill and specifies that this bill does not "modify the discretion" (instead of "limit the authority) of a law enforcement agency to investigate a report of a missing child, notify local media about a missing child, or issue any form of missing child alert.<br />
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