Official Summary Text
DOMESTIC RELATIONS
Failure to Support
For purposes of terminating parental or guardian rights in order to make a child available for adoption, present law provides that "abandonment" includes several varying
circumstances, including "failed to support" or "failed to make reasonable payments toward such child's support." Such failure is, for the applicable time period, a failure to provide monetary support or more than token payments toward the support of the
child. That the parent had only the means or ability to make small payments is not a defense to failure to support if no payments were made during the relevant time period. This bill adds that such failure does not include the failure to meet the needs
o
f a child solely due to financial hardship unless reasonable material resources such as cash assistance, safe and stable housing, or tangible goods have been offered to and refused by the parent.
Termination of Parental or Guardianship Rights Factors
I
n determining whether termination of parental or guardianship rights is in the best interest of the child, present law requires the court to consider all relevant and child-centered factors applicable to the particular case before the court. Those factor
s
may include, but are not limited to, several factors outlined in present law, including whether the child is fearful of living in the parent's home. This bill adds as a new factor to be considered, the individual economic circumstances of each parent.
This bill further adds, when considering the factors, the court must not weigh a factor against a parent solely due to financial hardship unless reasonable material resources such as cash assistance, safe and stable housing, or tangible goods have been of
f
ered to and refused by the parent.
JUVENILE COURTS
Abuse
For the purposes of juvenile courts and proceedings, present law provides that "abuse" exists when a child is suffering from, has sustained, or may be in immediate danger of suffering from or su
staining a wound, injury, disability, or physical or mental condition caused by brutality, neglect, use of force, extreme or repeated cruelty, sexual abuse or other actions or inactions of a parent, relative, guardian, or caregiver. This bill clarifies t
h
at abuse does not exist when the alleged harm is solely due to a parent or guardian's financial hardship, unless reasonable material resources such as cash assistance, safe and stable housing, or tangible goods have been offered to and refused by the pare
n
t or guardian.
Dependent and Neglected Child
Present law provides several scenarios that define a "dependent and neglected child" at the time of the filing of the petition. This bill clarifies that a "dependent and neglected child" does not mean a chi
ld who meets any of the listed scenarios solely due to a parent or guardian's financial hardship unless reasonable material resources such as cash assistance, safe and stable housing, or tangible goods have been offered to and refused by the parent or gua
r
dian. This bill stipulates the same for "severe child abuse."
Termination of Parental Rights
Present law authorizes a juvenile court to terminate the rights of a parent or guardian to a child. This bill prohibits the juvenile court from terminating
the rights of a parent or guardian solely due to a parent or guardian's financial hardship unless reasonable material resources such as cash assistance, safe and stable housing, or tangible goods have been offered to and refused by the parent or guardian.
Penalties
Present law provides that when a child is alleged to be a dependent and neglected child, the parent, guardian or other person who by any willful act causes, contributes to or encourages such dependency and neglect commits a Class A misdemeano
r, triable in the circuit or criminal court. A Class A misdemeanor is punishable by no more than 11 months, 29 days in prison or a fine not to exceed $2,500, or both. This bill prohibits such penalty from being imposed on a parent or guardian solely due
to a parent or guardian's financial hardship unless reasonable material resources such as cash assistance, safe and stable housing, or tangible goods have been offered to and refused by the parent or guardian.
Required Actions
In determining whether to
continue or restore custody to a parent is in the best interest of a child, present law prohibits the department of children's services from requiring a parent to (i) obtain employment if such parent has sufficient resources from other means to care for
t
he child, or (ii) provide the child with the child's own bedroom, unless certain circumstances apply. This bill adds to this list a prohibition on requiring a parent to ameliorate conditions of financial hardship outside of the parent or guardian's finan
c
ial ability to do so, unless reasonable material resources such as cash assistance, safe and stable housing, or tangible goods have been offered to and refused by the parent or guardian.
CRIMINAL OFFENSES AGAINST THE FAMILY
For purposes of criminal chil
d abuse and child neglect or endangerment, this bill provides that abuse or neglect does not exist when the alleged harm is solely due to a parent or guardian's financial hardship unless reasonable material resources such as cash assistance, safe and stab
l
e housing, or tangible goods have been offered to and refused by the parent or guardian.
ON MARCH 31, 2025, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 560, AS AMENDED.
AMENDMENT #1 rewrites the bill to, instead, make the following revisions
to present law:
Provides that the
economic disadvantage of a parent or guardian alone is not a ground for termination of parental rights.
Clarifies that, for purposes of laws relative to juvenile courts and proceedings, "neglect"
does not exist solely on the basis of economic disadvantage
.
Current Bill Text
Read the full stored bill text
SENATE BILL 560
By Jackson
HOUSE BILL 347
By Hurt
HB0347
001763
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AN ACT to amend Tennessee Code Annotated, Title 36;
Title 37 and Title 39, relative to children.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 36-1-102(1)(D), is amended by
inserting the following before the period:
, but does not include the failure to meet the needs of a child solely due to financial
hardship unless reasonable material resources such as cash assistance, safe and stable
housing, or tangible goods have been offered to and refused by the parent
SECTION 2. Tennessee Code Annotated, Section 36-1-113(i)(1), is amended by adding
the following as a new subdivision:
(U) The individual economic circumstances of each parent;
SECTION 3. Tennessee Code Annotated, Section 36-1-113, is amended by deleting
subdivision (i)(2) and substituting:
(2) When considering the factors set forth in subdivision (i)(1):
(A) The court must not weigh a factor against a parent solely due to
financial hardship unless reasonable material resources such as cash
assistance, safe and stable housing, or tangible goods have been offered to and
refused by the parent; and
(B) The prompt and permanent placement of the child in a safe
environment is presumed to be in the child's best interest.
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SECTION 4. Tennessee Code Annotated, Section 37-1-102(b)(1), is amended by
designating the current language as subdivision (b)(1)(A) and adding the following as a new
subdivision (b)(1)(B):
(B) "Abuse" does not exist when the alleged harm is solely due to a parent or
guardian's financial hardship, unless reasonable material resources such as cash
assistance, safe and stable housing, or tangible goods have been offered to and refused
by the parent or guardian;
SECTION 5. Tennessee Code Annotated, Section 37-1-102(b)(13), is amended by
designating the current language as subdivision (b)(13)(A) and adding the following as a new
subdivision (b)(13)(B):
(B) "Dependent and neglected child" does not mean a child who meets any of
the criteria listed in subdivision (b)(13)(A) solely due to a parent or guardian's financial
hardship unless reasonable material resources such as cash assistance, safe and stable
housing, or tangible goods have been offered to and refused by the parent or guardian;
SECTION 6. Tennessee Code Annotated, Section 37-1-102(b)(27), is amended by
designating the current language as subdivision (b)(27)(A) and adding the following as a new
subdivision (b)(27)(B):
(B) "Severe child abuse" does not include situations that meet any of the criteria
listed in subdivision (b)(27)(A) solely due to a parent or guardian's financial hardship
unless reasonable material resources such as cash assistance, safe and stable housing,
or tangible goods have been offered to and refused by the parent or guardian;
SECTION 7. Tennessee Code Annotated, Section 37-1-147(a), is amended by inserting
the following language before the period:
; provided, that the juvenile court is not authorized to terminate the rights of a parent or
guardian solely due to a parent or guardian's financial hardship unless reasonable
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material resources such as cash assistance, safe and stable housing, or tangible goods
have been offered to and refused by the parent or guardian
SECTION 8. Tennessee Code Annotated, Section 37-1-157, is amended by deleting
subsection (d) and substituting:
(d) Subsection (a) does not impose criminal liability:
(1) Upon a mother based solely upon her act of delivering a newborn
infant to a facility pursuant to § 68-11-255; or
(2) Upon a parent or guardian solely due to a parent or guardian's
financial hardship unless reasonable material resources such as cash
assistance, safe and stable housing, or tangible goods have been offered to and
refused by the parent or guardian.
SECTION 9. Tennessee Code Annotated, Section 37-1-166(h), is amended by adding
the following as a new subdivision:
(3) Ameliorate conditions of financial hardship outside of the parent or guardian's
financial ability to do so, unless reasonable material resources such as cash assistance,
safe and stable housing, or tangible goods have been offered to and refused by the
parent or guardian;
SECTION 10. Tennessee Code Annotated, Section 39-15-401, is amended by adding
the following as a new subsection:
(j) For purposes of this section, abuse or neglect does not exist when the alleged
harm is solely due to a parent or guardian's financial hardship unless reasonable
material resources such as cash assistance, safe and stable housing, or tangible goods
have been offered to and refused by the parent or guardian.
SECTION 11. This act takes effect July 1, 2025, the public welfare requiring it.