Children

Plain English Breakdown

The bill does not specify enforcement mechanisms or penalties for violations, leaving this aspect undefined.

Children's Rights and Protection Act

This bill aims to ensure that all children in Tennessee have equal protection under the law and fundamental rights to safety and well-being.

What This Bill Does

• Gives children the right to be protected from abuse, neglect, and exploitation.
• Requires legal representation for children in cases affecting their welfare, custody, or placement by qualified counsel who are not agents of the court.
• Ensures that a child's views and preferences are considered during legal proceedings in an age-appropriate manner.
• Allows children to express concerns about safety without fear of retaliation.
• Recommends timely resolution of legal issues involving children.

Who It Names or Affects

• Children in Tennessee
• Courts and judges handling cases involving children

Terms To Know

Inalienable rights

Rights that cannot be taken away or given up, such as the right to protection from harm.

Paramount concern

The most important thing to consider when making decisions.

Limits and Unknowns

• Does not specify how violations of children's rights will be enforced.
• Does not provide details on the qualifications for legal representation or expert testimony beyond general guidelines.
• Does not address specific penalties for those who violate these provisions.

Official Summary Text

This bill provides that children
have equal protection under the law and possess fundamental rights to safety, protection from harm, and consideration of their best interests as the paramount concern in all legal proceedings, governmental actions, and policy decisions affecting their wel
fare.

Every child has the inalienable right to be protected from physical, sexual, emotional, and psychological abuse, neglect, and exploitation. A child
must
not be knowingly placed in the custody, care, or unsupervised
contact of any person with a documented history of child abuse, domestic violence, or other conduct that poses a substantial risk of harm to the child.

This bill specifically provides that children
have the right to
all of the following:



Legal representation by qualified counsel in all proceedings substantially affecting their welfare, custody, or placement that does not include an agent of the court
.


Have their views and preferences considered in an age-appropriate manner
.


Express their concerns about their safety and living situation without fear of retaliation
.


Timely resolution of legal proceedings affecting their welfare.

JUDICIAL SYSTEM

This bill requires courts and judges to c
onsider the child's safety, well-being, and best interests as the paramount concern in all decisions
. Additionally, courts and judges must consider
all available evidence regarding risks to the child's safety, including

criminal history, protective services records, medical evidence, and expert testimony. In any proceeding involving a child-impact determination, expert testimony relating to the safety, health, well-being, or development of a child must be admitted
only if the professional has demonstrated, subject-matter-specific clinical and professional expertise directly related to the opinions offered. Such expertise
must
not be based solely on forensic experience, and qualifications
must
be evaluated under Rule 702 of the Tennessee Rules of Evidence
. Courts and judges must p
rovide clear justification when placing a child with a caregiver against the recommendations of child protective services, a guardian ad litem, or other child welfare professionals.

VIOLATIONS

This bill provides that any
violation of a child's rights under this
bill
constitutes a deprivation of constitutional rights under color of law. A child, through the child's representative, has standing to seek judicial relief for violations of rights guaranteed by this
bill
.
However, t
his
bill
does not limit other protections afforded to children under law.

Current Bill Text

SENATE BILL 2538
By Hatcher

HOUSE BILL 2128
By Alexander
HB2128
012320
- 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 37, Chapter 1, is amended by adding
the following as a new part:
37-1-1001.
(a) Children have equal protection under the law and possess fundamental
rights to safety, protection from harm, and consideration of their best interests as the
paramount concern in all legal proceedings, governmental actions, and policy decisions
affecting their welfare.
(b) Every child has the inalienable right to be protected from physical, sexual,
emotional, and psychological abuse, neglect, and exploitation. A child shall not be
knowingly placed in the custody, care, or unsupervised contact of any person with a
documented history of child abuse, domestic violence, or other conduct that poses a
substantial risk of harm to the child.
37-1-1002.
(a) Children have the right to:
(1) Legal representation by qualified counsel in all proceedings
substantially affecting their welfare, custody, or placement that does not include
an agent of the court;
(2) Have their views and preferences considered in an age-appropriate
manner;

- 2 - 012320

(3) Express their concerns about their safety and living situation without
fear of retaliation; and
(4) Timely resolution of legal proceedings affecting their welfare.
(b) Courts and judges shall:
(1) Consider the child's safety, well-being, and best interests as the
paramount concern in all decisions;
(2) Consider all available evidence regarding risks to the child's safety,
including, but not limited to, criminal history, protective services records, medical
evidence, and expert testimony. In any proceeding involving a child-impact
determination, expert testimony relating to the safety, health, well-being, or
development of a child must be admitted only if the professional has
demonstrated, subject-matter-specific clinical and professional expertise directly
related to the opinions offered. Such expertise shall not be based solely on
forensic experience, and qualifications shall be evaluated under Rule 702 of the
Tennessee Rules of Evidence; and
(3) Provide clear justification when placing a child with a caregiver
against the recommendations of child protective services, a guardian ad litem, or
other child welfare professionals.
37-1-1003.
Any violation of a child's rights under this section constitutes a deprivation of
constitutional rights under color of law. A child, through the child's representative, has
standing to seek judicial relief for violations of rights guaranteed by this part. This
section does not limit other protections afforded to children under law.
SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.