HB0641113th GA (Historical)Introduced

Amends TCA Title 36 and Title 37.

If a child is removed from the custody of a parent or guardian due to a finding of dependency and neglect and placed in the custody of the department of children's services, then this bill prohibits the department from allowing unsupervised visitation with, or returning physical custody of the child to, the parent or guardian without a hearing at which the court finds that the child will receive proper care and supervision in a safe home.<br /> <br /> Before the department may recommend the return of physical custody of the child to the parent or guardian, this bill requires the department to first observe the parent or guardian with the child for at least two visits that support a recommendation to return physical custody. Each visit must consist of an observation of not less than one hour with the child, and the observation visits must be conducted at least seven days apart. This bill requires the department to provide documentation of any observation visits conducted to the court for its consideration as to whether physical custody should be returned to the parent or guardian.<br /> <br /> ON APRIL 6, 2023, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 656, AS AMENDED.<br /> <br /> AMENDMENT #1 rewrites this bill to add to present law relative to the department of children's services notifying a court in writing of its intention to place a child at home on a trial home visit by providing that, prior to making such notification, the department must conduct an assessment of the home to determine whether the child will receive proper care and supervision in the home, including a visit to the home. <br />

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Overview

If a child is removed from the custody of a parent or guardian due to a finding of dependency and neglect and placed in the custody of the department of children's services, then this bill prohibits the department from allowing unsupervised visitation with, or returning physical custody of the child to, the parent or guardian without a hearing at which the court finds that the child will receive proper care and supervision in a safe home.<br /> <br /> Before the department may recommend the return of physical custody of the child to the parent or guardian, this bill requires the department to first observe the parent or guardian with the child for at least two visits that support a recommendation to return physical custody. Each visit must consist of an observation of not less than one hour with the child, and the observation visits must be conducted at least seven days apart. This bill requires the department to provide documentation of any observation visits conducted to the court for its consideration as to whether physical custody should be returned to the parent or guardian.<br /> <br /> ON APRIL 6, 2023, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 656, AS AMENDED.<br /> <br /> AMENDMENT #1 rewrites this bill to add to present law relative to the department of children's services notifying a court in writing of its intention to place a child at home on a trial home visit by providing that, prior to making such notification, the department must conduct an assessment of the home to determine whether the child will receive proper care and supervision in the home, including a visit to the home. <br />

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Sponsor

Unknown

Details
Session

113th General Assembly

Introduced

January 26, 2023

Subjects
0763183511500745

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