Amends TCA Title 37 and Title 39.

ANONYMOUS REPORTING<br /> <br /> This bill prohibits the department of children's services ("department") from accepting an anonymous report of child abuse or neglect. An individual making a report of child abuse or neglect must identify, if known:<br /> <br /> (1) The name and address of the child;<br /> <br /> (2) The name and address of the person responsible for the care, custody, or welfare of the child;<br /> <br /> (3) The facts that caused the individual to believe the child has been abused or neglected and the source of the information;<br /> <br /> (4) The individual's name and telephone number;<br /> <br /> (5) The individual's home address or if the individual has a medical, educational, or other professional relationship with the child, the individual's business address and profession; and<br /> <br /> (6) Any other pertinent information concerning the alleged or suspected abuse or neglect.<br /> <br /> NOTIFICATION TO ANONYMOUS REPORTER<br /> <br /> This bill provides that if the individual makes a report of child abuse or neglect by telephone call to the department and the individual is unwilling to provide the information described in the above provision, then the department representative receiving the report must notify the individual that:<br /> <br /> (1) The department is not authorized to accept an anonymous report of abuse or neglect;<br /> <br /> (2) The individual may report the abuse or neglect by making a report to any law enforcement agency; and <br /> <br /> (3) The identity of an individual making a report under this bill is confidential and may be disclosed only as provided in present law; or to a law enforcement officer for the purposes of conducting a criminal investigation of the report.<br /> <br /> BEST EFFORTS<br /> <br /> This bill requires that the department representative or other person receiving a report of child abuse or neglect use the person's best efforts to obtain the information described in this bill.<br /> <br /> ORAL REPORTING<br /> <br /> This bill provides that if a report of abuse or neglect is made orally, the department or law enforcement agency receiving the report must: <br /> <br /> (1) Notify the individual making the report that the report is being recorded and making a false report is a criminal offense punishable as a Class E felony; and <br /> <br /> (2) Make an audio recording of the report.<br /> <br /> A Class E felony is punishable by a term of imprisonment of less than one year but not more than six years, and a jury may assess a maximum fine of $3,000, unless otherwise provided by statute.<br /> <br /> REPORTS CONFIDENTIAL<br /> <br /> Present law requires that, except as may be ordered by the juvenile court, the name of any person reporting child abuse not be released to any person, other than employees of the department or other child protection team members responsible for child protective services, the abuse registry, or the appropriate district attorney general upon subpoena of the Tennessee bureau of investigation ("TBI"), without the written consent of the person reporting. Such person's identity must be irrelevant to any civil proceeding and must, therefore, not be subject to disclosure by order of any court. This does not prohibit the subpoenaing of a person reporting child abuse when deemed necessary by the district attorney general or the department to protect a child who is the subject of a report; provided, that the fact that such person made the report is not disclosed.<br /> <br /> This bill amends the above provision to provide, instead, that, except as may be ordered by the juvenile court, the name of any person reporting child abuse must only be released without the written consent of the person reporting to:<br /> <br /> (1) An employee of the department or other child protection team members responsible for child protective services who are directly involved with an investigation, case, or other process involving the child who is the subject of the report or the child's parent or other person having legal custody of the child;<br /> <br /> (2) An employee of the department who supervises, directly or indirectly, an employee described in (1);<br /> <br /> (3) An employee of the department who has any other legitimate professional interest in an investigation, case, or other process involving the child who is the subject of the report or the child's parent or other person having legal custody of the child that necessitates access to the identity of the person who made the report;<br /> <br /> (4) The abuse registry; or<br /> <br /> (5) The appropriate district attorney general upon subpoena of the TBI.<br /> <br /> CIVIL PROCEEDINGS<br /> <br /> This bill provides that the person's identity is irrelevant to any civil proceeding and must not be subject to disclosure by order of any court. This bill does not prohibit the subpoenaing of a person reporting child abuse when deemed necessary by the district attorney general or the department to protect a child who is the subject of a report; provided, that the fact that such person made the report is not disclosed.<br /> <br /> RULEMAKING<br /> <br /> This bill authorizes the department to promulgate rules to effectuate the above provisions. The rules must be promulgated in accordance with present law.<br /> <br /> AFTER AN ANONYMOUS REPORT<br /> <br /> Present law provides that, notwithstanding another law to the contrary, if the report of harm was made to the department anonymously, then the juvenile court must not order the parents or person responsible for the care of the child or the person in charge of any place where the child may be, to allow the department entrance for purposes of interview, examination, and investigation unless the department has presented evidence corroborating the anonymous report of harm.<br /> <br /> This bill amends the above provision to provide, instead, that, notwithstanding another law to the contrary, if an individual makes an anonymous report of child abuse or neglect by a person responsible for a child's care, custody, or welfare to a judge, sheriff, or law enforcement agency that refers the report to the department, then:<br /> <br /> (1) The department must conduct a preliminary investigation to determine whether there is any evidence to corroborate the report; and<br /> <br /> (2) The juvenile court must not order the person responsible for the care, custody, or welfare of the child or the person in charge of any place where the child may be, to allow the department entrance for purposes of interview, examination, and investigation unless the department has presented evidence corroborating the anonymous report of harm.<br /> <br /> INFORMATION PROVIDED TO PARENT OR GUARDIAN<br /> <br /> This bill requires that, before taking any action under present law, an investigator must provide to a parent or other person having legal custody of a child who is under investigation information regarding the investigator's identity; and a written summary that a person has a reasonable amount of time to read or review, is brief and easily understood, is written in a language that the person understands, or if the person is illiterate, is read to the person in a language that the person understands, and contains the following information:<br /> <br /> (1) The department's procedures for conducting an investigation of alleged child abuse or neglect;<br /> <br /> (2) A description of the circumstances under which the department would request to remove the child from the home through the judicial system;<br /> <br /> (3) An explanation that the law requires the department to refer all reports of alleged child abuse or neglect to a law enforcement agency for a separate determination of whether a criminal violation occurred;<br /> <br /> (4) An explanation that any statement or admission made by the person to anyone may be used against the person in a criminal case, as a basis to remove the child who is the subject of the investigation or any other child from the person's care, custody, and control either temporarily or permanently, or as a basis to terminate the person's relationship with the child who is the subject of the investigation or any other child; <br /> <br /> (5) The person's right to file a complaint with the department or to request a review of the findings made by the department in the investigation;<br /> <br /> (6) The person's right to review all records of the investigation unless the review would jeopardize an ongoing criminal investigation or the child's safety;<br /> <br /> (7) The person's right to seek legal counsel;<br /> <br /> (8) References to the statutory and regulatory provisions governing child abuse and neglect and how the person may obtain copies of those provisions;<br /> <br /> (9) The process the person may use to acquire access to the child if the child is removed from the home;<br /> <br /> (10) The person's rights; and<br /> <br /> (11) The known allegations the department is investigating.<br />