Children

AN ACT to amend Tennessee Code Annotated, Title 36 and Title 37, relative to children.

Children Labor Parental Rights

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor: Butler, Haile
Last action: 2026-02-17
Official status: Taken off notice for cal in s/c Children and Family Affairs Subcommittee of Judiciary Committee
Effective date: Not listed

Plain English Breakdown

The bill does not provide specific funding sources for the evaluations beyond court-ordered cost allocation.

Child Evaluation Requirement in Legal Proceedings

This bill requires courts to order child evaluations by qualified experts in certain legal cases involving children's best interests and mandates that these reports are considered as strong evidence unless proven otherwise.

What This Bill Does

Requires the court to order a child evaluation by an expert if needed for custody, dependency, neglect, adoption, or guardianship cases.
Specifies that the expert must be one of several licensed professionals like doctors, psychiatrists, psychologists, social workers, or counselors.
Requiring experts to submit detailed reports about the child's history and current condition to the court and parties involved.
Making these expert reports strong evidence in determining what is best for the child unless proven otherwise.
Directing courts to divide the costs of evaluations based on each party's ability to pay.

Who It Names or Affects

Children involved in custody, dependency, neglect, adoption, or guardianship cases.
Courts handling these types of legal proceedings.
Licensed professionals who conduct child evaluations.
Guardians ad litem (GALs) appointed by the court.

Terms To Know

Guardian Ad Litem: A person appointed by a court to represent and protect the interests of a minor or an incapacitated adult in legal proceedings.
Prima Facie Evidence: Evidence that is sufficient to establish a fact unless disproved or rebutted.

Limits and Unknowns

The bill does not specify how the expert evaluations will be funded beyond court-ordered cost allocation.
It remains unclear what happens if an expert report is incomplete, inaccurate, or unreliable.

Bill History

2026-03-10 Tennessee General Assembly
Assigned to General Subcommittee of Senate Judiciary Committee
2026-02-17 Tennessee General Assembly
Taken off notice for cal in s/c Children and Family Affairs Subcommittee of Judiciary Committee
2026-02-11 Tennessee General Assembly
Placed on s/c cal Children and Family Affairs Subcommittee for 2/17/2026
2026-02-05 Tennessee General Assembly
Passed on Second Consideration, refer to Senate Judiciary Committee
2026-02-02 Tennessee General Assembly
Assigned to s/c Children and Family Affairs Subcommittee
2026-02-02 Tennessee General Assembly
P2C, ref. to Judiciary Committee
2026-02-02 Tennessee General Assembly
Introduced, Passed on First Consideration
2026-01-22 Tennessee General Assembly
Intro., P1C.
2026-01-22 Tennessee General Assembly
Filed for introduction
2026-01-21 Tennessee General Assembly
Filed for introduction

Official Summary Text

In
a contested child custody, dependency and neglect, adoption,
or
guardianship proceeding
that
the court determines a guardian ad litem (
"
GAL
"
)
appointment
is necessary,
this bill requires
the court
to
order the child to be evaluated by at least one qualified expert, unless the court makes written findings that such an examination is unnecessary to determine the child's best interests.

The expert examination must be conducted by one or more of the following licensed professionals:



A medical doctor
.



A psychiatrist
.



A psychologist
.



A licensed clinical social worker
.



A licensed professional counselor with mental health service provider designation
.



Any other mental health professional authorized by law to conduct diagnostic evaluations of minors.

REPORT

This bill requires t
he expert
to
submit a sworn written report to the court and the parties. The report must include
all of the following:


A summary of the child's relevant medical, psychological, emotional, and developmental history as permitted within the examiner's scope of practice
.



A description of the child's present mental, physical, emotional, and behavioral condition
.



An opinion stating
w
hether further evaluation, treatment, or services are recommended;
t
he type and scope of any recommended evaluation or treatment; and
t
he clinical basis for such recommendations
.



Any other matters the court deems necessary or advisable in the child's best interests.

PRIMA FACIE EVIDENCE

This bill provides that such a
sworn examination
submitted to the court
constitutes prima facie evidence of the child's condition and of the factors relevant to determining the child's best interests, which may be rebutted by competent evidence or upon a showing that the report is incomplete, inaccurate, or unreliable.

BEST INTEREST RECOMMENDATION

This bill requires t
he GAL
to
consider the expert report in formulating the GAL's best-interest recommendation. If the GAL's recommendation materially departs from the expert's conclusions, then the GAL
must
explain the basis for such departure in writing or on the record.

COSTS

This bill requires t
he court
to
allocate examination costs among the parties based on ability to pay.

Current Bill Text

Read the full stored bill text

SENATE BILL 1987
By Haile

HOUSE BILL 1845
By Butler
HB1845
010406
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 36
and Title 37, relative to children.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 36, Chapter 1, Part 1, is amended by
adding the following as a new section:
(a) In any contested proceeding under this part in which the court determines
that the appointment of a guardian ad litem (GAL) is necessary, the court shall order the
child to be evaluated by at least one (1) qualified expert, unless the court makes written
findings that such an examination is unnecessary to determine the child's best interests.
(b) The expert examination must be conducted by one (1) or more of the
following licensed professionals:
(1) A medical doctor;
(2) A psychiatrist;
(3) A psychologist;
(4) A licensed clinical social worker;
(5) A licensed professional counselor with mental health service provider
designation; or
(6) Any other mental health professional authorized by law to conduct
diagnostic evaluations of minors.
(c) The expert shall submit a sworn written report to the court and to the parties.
The report must include:
(1) A summary of the child's relevant medical, psychological, emotional,
and developmental history as permitted within the examiner's scope of practice;

- 2 - 010406

(2) A description of the child's present mental, physical, emotional, and
behavioral condition, including any symptoms of trauma, coercion, alienation, or
undue influence;
(3) An opinion stating:
(A) Whether further evaluation, treatment, or services are
recommended;
(B) The type and scope of any recommended evaluation or
treatment; and
(C) The clinical basis for such recommendations; and
(4) Any other matters the court deems necessary or advisable in the
child's best interests.
(d) A sworn examination report submitted under this section constitutes prima
facie evidence of the child's condition and of the factors relevant to determining the
child's best interests, which may be rebutted by competent evidence or upon a showing
that the report is incomplete, inaccurate, or unreliable.
(e) The GAL shall consider the expert report in formulating the GAL's best-
interest recommendation. If the GAL's recommendation materially departs from the
expert's conclusions, then the GAL shall explain the basis for such departure in writing or
on the record.
(f) The court shall allocate examination costs among the parties based on ability
to pay.
SECTION 2. Tennessee Code Annotated, Title 36, Chapter 6, Part 1, is amended by
adding the following as a new section:
(a) In any contested custody proceeding under this part in which the court
determines that the appointment of a guardian ad litem (GAL) is necessary, the court

- 3 - 010406

shall order the child to be evaluated by at least one (1) qualified expert, unless the court
makes written findings that such an examination is unnecessary to determine the child's
best interests.
(b) The expert examination must be conducted by one (1) or more of the
following licensed professionals:
(1) A medical doctor;
(2) A psychiatrist;
(3) A psychologist;
(4) A licensed clinical social worker;
(5) A licensed professional counselor with mental health service provider
designation; or
(6) Any other mental health professional authorized by law to conduct
diagnostic evaluations of minors.
(c) The expert shall submit a sworn written report to the court and to the parties.
The report must include:
(1) A summary of the child's relevant medical, psychological, emotional,
and developmental history as permitted within the examiner's scope of practice;
(2) A description of the child's present mental, physical, emotional, and
behavioral condition, including any symptoms of trauma, coercion, alienation, or
undue influence;
(3) An opinion stating:
(A) Whether further evaluation, treatment, or services are
recommended;
(B) The type and scope of any recommended evaluation or
treatment; and

- 4 - 010406

(C) The clinical basis for such recommendations; and
(4) Any other matters the court deems necessary or advisable in the
child's best interests.
(d) A sworn examination report submitted under this section constitutes prima
facie evidence of the child's condition and of the factors relevant to determining the
child's best interests, which may be rebutted by competent evidence or upon a showing
that the report is incomplete, inaccurate, or unreliable.
(e) The GAL shall consider the expert report in formulating the GAL's best-
interest recommendation. If the GAL's recommendation materially departs from the
expert's conclusions, then the GAL shall explain the basis for such departure in writing or
on the record.
(f) The court shall allocate examination costs among the parties based on ability
to pay.
SECTION 3. Tennessee Code Annotated, Title 37, Chapter 1, Part 1, is amended by
adding the following as a new section:
(a) In any contested dependency and neglect proceeding under this part in
which the court determines that the appointment of a guardian ad litem (GAL) is
necessary, the court shall order the child to be evaluated by at least one (1) qualified
expert, unless the court makes written findings that such an examination is unnecessary
to determine the child's best interests.
(b) The expert examination must be conducted by one (1) or more of the
following licensed professionals:
(1) A medical doctor;
(2) A psychiatrist;
(3) A psychologist;

- 5 - 010406

(4) A licensed clinical social worker;
(5) A licensed professional counselor with mental health service provider
designation; or
(6) Any other mental health professional authorized by law to conduct
diagnostic evaluations of minors.
(c) The expert shall submit a sworn written report to the court and to the parties.
The report must include:
(1) A summary of the child's relevant medical, psychological, emotional,
and developmental history as permitted within the examiner's scope of practice;
(2) A description of the child's present mental, physical, emotional, and
behavioral condition, including any symptoms of trauma, coercion, alienation, or
undue influence;
(3) An opinion stating:
(A) Whether further evaluation, treatment, or services are
recommended;
(B) The type and scope of any recommended evaluation or
treatment; and
(C) The clinical basis for such recommendations; and
(4) Any other matters the court deems necessary or advisable in the
child's best interests.
(d) A sworn examination report submitted under this section constitutes prima
facie evidence of the child's condition and of the factors relevant to determining the
child's best interests, which may be rebutted by competent evidence or upon a showing
that the report is incomplete, inaccurate, or unreliable.

- 6 - 010406

(e) The GAL shall consider the expert report in formulating the GAL's best-
interest recommendation. If the GAL's recommendation materially departs from the
expert's conclusions, then the GAL shall explain the basis for such departure in writing or
on the record.
(f) The court shall allocate examination costs among the parties based on ability
to pay.
SECTION 4. This act takes effect upon becoming a law, the public welfare requiring it.