***Update 2.16.24 – SB2660 has Placed on the Senate Judiciary Committee calendar for 2/20/2024. To voice your support or opposition to the legislation, find the committee members contact info HERE and contact them prior to their meeting.***
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The Tennessee Conservative [By Adelia Kirchner] –
This week Rep. Ed Butler (R-Rickman-District 41) filed a bill that would effectively make it easier to funnel children away from their parents and into state custody.
House Bill 1808 (HB1808) as introduced, amends Tennessee law by requiring Tennessee’s Department of Children’s Services (DCS) “to file a petition for termination of parental rights within 10 business days if there has been substantial noncompliance by a parent or guardian with the statement of responsibilities in a permanency plan over a period of six months.”
The shortened time frame of six-months could prove detrimental in cases where parents have been falsely accused or assessed by DCS.
Especially after Tennessee’s state legislature passed a controversial bill last year, SB1319, which increased the chances of parents being criminalized by DCS based on anonymous allegations.
“Based on my read, current law requires almost 2 years of time to pass where the parents can make their case. In section (h)(1)(G), six months is mentioned in relation to the parents not making progress in ‘obtaining custody,’” read a social media post from Tennessee Valley Advocates for Freedom. “This is accelerating taking kids instead of trying to return them to their parents. Yes, there are cases where termination of parental rights is the only choice. But there are far too many cases where CPS is way out of line.”
A permanency plan includes a statement of responsibility and actions or tasks that must be completed by the parent(s) in order for them to regain custody of their child(ren). Parents may be required to attend parenting classes or seek counseling as part of this plan.
Signing and complying with a permanency plan is typically read as an admission of guilt on the parent’s behalf.
Once a permanency plan has been signed, the ability of wrongfully accused parents to make a case for themselves, prove their innocence and get their child(ren) back, substantially decreases.
Many wrongfully accused parents who do not have the means for legal recourse are encouraged to “just comply” and are coerced into signing these plans for fear of permanently losing their children.
“Substantial noncompliance” in this context is already “grounds for the termination of parental rights” according to current state law, if the court finds that the requirements outlined in a permanency plan are “reasonable.”
State law does not specifically define “substantial noncompliance,” instead leaving the infraction open to subjective interpretation.
If Rep. Butler’s bill becomes law it would go into effect on July 1st, 2024.
About the Author: Adelia Kirchner is a Tennessee resident and reporter for the Tennessee Conservative. Currently the host of Subtle Rampage Podcast, she has also worked for the South Dakota State Legislature and interned for Senator Bill Hagerty’s Office in Nashville, Tennessee.
You can reach Adelia at adelia@tennesseeconservativenews.com.
