Amends TCA Title 36, Chapter 1, Part 1; Title 37, Chapter 1, Part 1 and Title 37, Chapter 2, Part 4.

JUVENILE COMMENCEMENT OF PROCEEDINGS<br /> <br /> Present law provides that a juvenile proceeding can be commenced in the following ways:<br /> <br /> (1) By transfer of a case from another court;<br /> <br /> (2) In a proceeding charging the violation of a traffic offense;<br /> <br /> (3) By the court accepting jurisdiction or accepting supervision of a child; or<br /> <br /> (4) In other cases by filing a petition or by issuing a citation as authorized by law. <br /> <br /> This bill adds that a juvenile proceeding can also be commenced by the taking of a child into custody or the removal of custody from a parent or legal guardian.<br /> <br /> TOKEN SUPPORT<br /> <br /> Under present law relative to the law on adoption and foster care, "token support" means that the support, under the circumstances of the individual case, is insignificant given the parent's means.<br /> <br /> This bill adds to the above definition that support is "token support" if it is less than the amount of the minimum child support order established by the department of human services child support guidelines.<br /> <br /> ABUSE DEFINITION<br /> <br /> Under present law, abuse exists when a person under 18 is suffering from, has sustained, or may be in immediate danger of suffering from or sustaining a wound, injury, disability, or physical or mental condition caused by brutality, neglect or other actions or inactions of a parent, relative, guardian, or caretaker. <br /> <br /> This bill adds use of force, extreme or repeated cruelty, and sexual abuse to the list of causes above of a wound, injury, disability, or physical or mental condition constituting abuse. <br /> <br /> SEVERE CHILD ABUSE DEFINITION<br /> <br /> Under present law, severe child abuse means one of the following:<br /> <br /> (1) Knowing exposure of a child or the knowing failure to protect a child from abuse or neglect that is likely to cause serious bodily injury or death and the knowing use of force on a child that is likely to cause serious bodily injury or death;<br /> <br /> (2) Specific brutality, abuse or neglect that in the opinion of a qualified expert has caused or is expected to cause severe psychosis, severe neurotic disorder, severe depression, severe developmental delay or intellectual disability, or severe impairment of the child's ability to function adequately in the child's environment and the knowing failure to protect a child from this conduct;<br /> <br /> (3) The commission of certain listed sexual offenses toward a child prohibited by law; <br /> <br /> (4) Knowingly allowing a child to be present within a structure where the act of creating methamphetamine is occurring; <br /> <br /> (5) Knowingly or with gross negligence allowing a child under eight to ingest illegal or controlled substances that results in the child testing positive on a drug screen, except as legally prescribed to the child; or<br /> <br /> (6) Knowingly allowing a child to be within a structure where any Schedule I controlled substance, cocaine, methamphetamine, or fentanyl are present and accessible to the child.<br /> <br /> This bill removes the requirement in (1) of knowingly exposing a child and instead requires simply the exposure of a child to serious bodily injury or death, or the risk of serious bodily injury or death, caused by brutality, abuse, neglect, or use of force.<br /> <br /> Additionally, this bill adds involuntary labor servitude, trafficking for forced labor or services, and patronizing prostitution from a person younger than 18 to the listed offenses that constitute severe child abuse in (3) above.<br /> <br /> Similarly, this bill removes the knowing requirement in (4) - (6) and the gross negligence requirement in (5).<br /> <br /> DEPENDENT AND NEGLECT<br /> <br /> Present law provides that if the petition alleged the child was dependent and neglected or if the court finds regardless of the grounds alleged, the court must determine whether the parents or either of them or another person who had custody of the child committed severe child abuse. The court must file written findings of fact that are the basis of its conclusions on that issue within 30 days of the close of the hearing, or within five days after the appeal or petition for certiorari is filed, excluding nonjudicial days. If the court finds the child is dependent and neglected, then a dispositional hearing must be held. In scheduling the hearing, the court must give priority to proceedings in which a child has been removed from the child's home before an order of disposition has been made. <br /> <br /> This bill provides that if the petition alleged the child was dependent and neglected or if the court finds the child was dependent and neglected regardless of the grounds alleged in the petition, then the court must determine whether the child is a victim of severe child abuse, regardless of whether a perpetrator can be identified; and a parent, guardian, relative, or caregiver of the child:<br /> <br /> (1) Knowingly or with gross negligence either committed severe child abuse or failed to protect the child from severe child abuse; or<br /> <br /> (2) Cannot be excluded as a perpetrator of severe child abuse. <br /> <br /> RETURNING A CHILD AFTER SEVERE CHILD ABUSE<br /> <br /> Present law provides that no child who has been found to be a victim of severe child abuse will be returned to the custody or residence of any person engaged in or knowingly failed to protect the child from the brutality or abuse unless the court finds on the basis of clear and convincing evidence that the child will be provided a safe home. The court must file written findings of fact that are the basis of its conclusions on that issue within 30 days of the close of the hearing or within five days of an appeal or petition for certiorari is filed, excluding Sundays. A child cannot be returned to such custody on the basis of the court's order until five days after entry of the order without the consent of the department of children's services and the petitioner.<br /> <br /> This bill amends the above provision to provide, instead, that unless the court finds by clear and convincing evidence that the child will be provided a safe home free from further brutality, abuse, or neglect, the court cannot return a child who has been found to be a victim of severe child abuse to the custody or residence of a person who knowingly or with gross negligence either committed severe child abuse or failed to protect the child from severe child abuse, or who cannot be excluded as a perpetrator of severe child abuse. <br /> <br /> Additionally, this bill excludes nonjudicial days from the five days after the appeal or petition for certiorari is filed rather than just Sundays.<br /> <br /> Also, this bill clarifies that no severely abused child can be returned under this bill without the consent of the department and the petitioner until five days after entry of the order.<br /> <br /> INITIATION OF TERMINATION OF PARENTAL RIGHTS<br /> <br /> Present law provides that one of the conditions for initiating the termination of parental or guardianship rights is that the parent or guardian having been found to have committed severe child abuse under any prior order of a court or is found by the court hearing the petition to terminate parental rights or the petition for adoption to have committed severe child abuse against any child. <br /> <br /> This bill amends the above provision to provide, instead, that under a prior order of a court or by the court hearing the petition to terminate parental rights or the petition of adoption, that the child has been found to be a victim of severe child abuse and that the parent or guardian must either knowingly or with gross negligence commit severe child abuse or fail to protect the child from severe child abuse. <br /> <br /> ABANDONMENT<br /> <br /> Present law includes as one definition of "abandonment" as four months following the physical removal, a reasonable effort is made to assist the parent or guardian to establish a suitable home but the parent or guardian is not making reciprocal reasonable efforts to provide a suitable home. <br /> <br /> This bill clarifies that a home is not suitable if the parent or guardian resides with or maintains an ongoing relationship with an individual who has been determined by the court to be a perpetrator of severe child abuse, or who a court has determined cannot be excluded as a perpetrator of severe child abuse.<br /> <br /> ON MARCH 4, 2024, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1676, AS AMENDED.<br /> <br /> AMENDMENT #1 makes the following changes to the bill:<br /> <br /> (1) Clarifies that support is presumptively token support if it is less than the amount of the minimum child support order established by the department of human services child support guidelines under the definition of "abandonment" under adoption;<br /> <br /> (2) Adds that a parent or guardian bears the burden of proving by a preponderance of the evidence that any support provided was more than token support;<br /> <br /> (3) Removes the clarification that support is token support if it is less than the amount of the minimum child support order established by the department of human services child support guidelines from the definition of token support under foster care; <br /> <br /> (4) Specifies that a court must look at each of the child's parents, guardians, relatives, and caregivers who provided care during the relevant time period of abuse if a petition alleged a child was dependent and neglected or if the court finds the child was dependent and neglected regardless of the ground alleged in the petition; and<br /> <br /> (5) Removes the specification that a home is not suitable if the parent or guardian resides with or maintains an ongoing relationship with an individual who has been determined by the court to be a perpetrator of severe child abuse, or who a court has determined cannot be excluded as a perpetrator of severe child abuse.<br />