Official Summary Text
Present law provides that w
hen 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 commit
s a Class A misdemeanor, triable in the circuit or criminal court.
This bill clarifies, for purposes of this provision and other laws relative to the neglect of children as processed through the juvenile courts, that "neglect" does not
include permitting
a child, whose basic needs are met and who is of sufficient age and maturity to avoid harm or unreasonable risk of harm, to engage in independent activities, including, but not limited to
, (i) t
raveling to and from school, including by walking, running, or
bicycling;
(
ii
)
t
raveling to and from nearby commercial or recreational facilities;
(
iii
)
p
laying outdoors;
(
iv
)
r
emaining at home unattended for a reasonable period of time; and
(
v
)
o
ther similar independent activity
.
Present law establishes a Class A
misdemeanor
child endangerment
offense for a
parent or custodian of a child eight or less
, who
knowingly exposes such child to or knowingly fails to protect such child from abuse or neglect resulting in physical injury or imminent danger to the child.
Thi
s bill clarifies, for purposes of this offense, that "neglect" does not
include permitting a child, whose basic needs are met and who is of sufficient age and maturity to avoid harm or unreasonable risk of harm, to engage in independent activities, includi
ng, but not limited to
, (i) t
raveling to and from school, including by walking, running, or bicycling;
(
ii
)
t
raveling to and from nearby commercial or recreational facilities;
(
iii
)
p
laying outdoors;
(
iv
)
r
emaining at home unattended for a reasonable perio
d of time; and
(
v
)
o
ther similar independent activity
.
Current Bill Text
Read the full stored bill text
HOUSE BILL 1170
By Hemmer
SENATE BILL 1259
By Yarbro
SB1259
003343
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AN ACT to amend Tennessee Code Annotated, Title 36;
Title 37 and Title 39, relative to child neglect.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 37-1-102(b), is amended by adding
the following as a new subdivision:
( ) "Neglect" does not include permitting a child, whose basic needs are met and
who is of sufficient age and maturity to avoid harm or unreasonable risk of harm, to
engage in independent activities, including, but not limited to:
(A) Traveling to and from school, including by walking, running, or
bicycling;
(B) Traveling to and from nearby commercial or recreational facilities;
(C) Playing outdoors;
(D) Remaining at home unattended for a reasonable period of time; and
(E) Other similar independent activity;
SECTION 2. Tennessee Code Annotated, Section 39-15-401, is amended by adding
the following as a new subsection:
(j) As used in this section, "neglect" does not include permitting a child, whose
basic needs are met and who is of sufficient age and maturity to avoid harm or
unreasonable risk of harm, to engage in independent activities, including, but not limited
to:
(1) Traveling to and from school, including by walking, running, or
bicycling;
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(2) Traveling to and from nearby commercial or recreational facilities;
(3) Playing outdoors;
(4) Remaining at home unattended for a reasonable period of time; and
(5) Other similar independent activity.
SECTION 3. This act takes effect upon becoming a law, the public welfare requiring it.