Tort Liability and Reform

Plain English Breakdown

The bill text does not specify the exact nature of the required training beyond child sexual abuse prevention and reporting of child abuse and neglect.

Tort Liability and Reform for Nonprofit Organizations

This bill protects certain nonprofit organizations from being sued if they meet specific requirements when hiring staff or volunteers who provide foster care services.

What This Bill Does

• Defines 'entity' as a nonprofit organization that contracts with the Department of Children's Services to offer community-based care and child welfare services.
• Prevents these nonprofits from being held responsible for damages caused by their employees, volunteers, or caregivers if they follow certain rules before hiring them.
• Requires nonprofits to do background checks on people before hiring them and every five years after that.
• Requires nonprofits to report any misconduct allegations about staff members as required by law.

Who It Names or Affects

• Nonprofit organizations that contract with the Department of Children's Services to provide foster care services.
• Employees, volunteers, and caregivers working for these nonprofit organizations.

Terms To Know

Entity

A nonprofit organization that contracts with the Department of Children's Services to offer community-based care or child welfare services.

Substantial compliance

Meeting most, but not all, requirements set by law.

Limits and Unknowns

• The bill does not protect nonprofits from being sued if they are grossly negligent.
• It also doesn't limit the ability of government agencies to take action against these nonprofits for other reasons.
• This bill was withdrawn and is no longer active as of February 11, 2026.

Official Summary Text

This bill applies to (i)
nonprofit organization
s
that contract with the department of children's services
("department")
to provide services as a single source continuum contractor under
law relative to foster care

and (ii)
nonprofit organization
s
that contract with the department or with a single source continuum contractor to provide community-based care or child welfare services.

This bill generally prohibits such
an entity
from
be
ing
held liable for damages resulting from an act or omission of a person who is an employee or volunteer of the entity or a caregiver providing services on behalf of the entity if, at the time of the act or omission giving rise to the claim, the entity has
met all of the following criteria:



Conducted timely criminal background checks for the person as required by law
.



Before hiring, contracting with, or otherwise enlisting the services of the person and then at least once every
five
years, confirmed the person is not listed in the department of health's registry of persons who have abused, neglected, or misappropriated the property of vulnerable persons, or a similar registry or database from another state
.



Reported any known allegation of misconduct by the person as required by law
.



Taken timely and proportionate administrative or personnel action in response to deficiency in the performance of duties by the person
.



Required the person to complete training for

(i) child sexual abuse prevention at least once every
five
years and

(ii) the reporting of child abuse and neglect.

However, an
entity may be held vicariously liable by a claimant on the basis of services received from the entity for the act or omission of a person who is an employee or volunteer of the entity or a caregiver providing services on behalf of the entity only if the c
laimant shows
(i) t
he entity was not in substantial compliance with a requirement described
above
at the time of the act or omission giving rise to the claim;

(
ii
)
t
he requirement was designed to prevent the specific type of harm alleged to hav
e occurred; and

(
iii
)
t
he entity's failure to be in substantial compliance with the requirement was a contributing factor in
bringing about the harm.

Additionally, the protection from liability described above
does not affect the liability of an entity for damages resulting from the gross negligence of the entity
, nor does it limit (i) t
he liability of an entity for a claim otherwise authorized by state or federal law or

(
ii
)
t
he ability of a governmental entity to take administrative, regulatory, or prosecutorial action against an entity.

Current Bill Text

HOUSE BILL 1879
By Boyd

SENATE BILL 1470
By Walley
SB1470
009130
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 9;
Title 29; Title 36 and Title 37, relative to liability of
certain entities.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 37, Chapter 2, Part 4, is amended by
adding the following new section:
(a) As used in this section, "entity" means a nonprofit organization that contracts
with the department of children's services to provide services as a single source
continuum contractor under this title or a nonprofit organization that contracts with the
department or with a single source continuum contractor to provide community-based
care or child welfare services.
(b) Except as provided in subsections (c) and (d), an entity may not be held
liable for damages resulting from an act or omission of a person who is an employee or
volunteer of the entity or a caregiver providing services on behalf of the entity if, at the
time of the act or omission giving rise to the claim, the entity has:
(1) Conducted timely criminal background checks for the person as
required by law;
(2) Before hiring, contracting with, or otherwise enlisting the services of
the person and then at least once every five (5) years, confirmed the person is
not listed in the department of health's registry of persons who have abused,
neglected, or misappropriated the property of vulnerable persons, established by
title 68, chapter 11, part 10, or a similar registry or database from another state;

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(3) Reported any known allegation of misconduct by the person as
required by law;
(4) Taken timely and proportionate administrative or personnel action in
response to deficiency in the performance of duties by the person; and
(5) Required the person to complete training for:
(A) Child sexual abuse prevention at least once every five (5)
years; and
(B) The reporting of child abuse and neglect.
(c) An entity may be held vicariously liable by a claimant on the basis of services
received from the entity for the act or omission of a person who is an employee or
volunteer of the entity or a caregiver providing services on behalf of the entity only if the
claimant shows:
(1) The entity was not in substantial compliance with a requirement
described in subsection (b) at the time of the act or omission giving rise to the
claim;
(2) The requirement was designed to prevent the specific type of harm
alleged to have occurred; and
(3) The entity's failure to be in substantial compliance with the
requirement was a contributing factor in bringing about the harm.
(d) Subsection (b) does not affect the liability of an entity for damages resulting
from the gross negligence of the entity.
(e) This section does not limit:
(1) The liability of an entity for a claim otherwise authorized by state or
federal law; or

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(2) The ability of a governmental entity to take administrative, regulatory,
or prosecutorial action against an entity.
SECTION 2. This act takes effect July 1, 2026, the public welfare requiring it.