Children

Plain English Breakdown

The bill does not explicitly state the conditions under which a child needing heightened supervision can be held in facilities intended for adult detainees.

Expanding Rules for Detaining Children in Tennessee

This bill changes how children can be detained and supervised by courts if they are considered a risk to others or themselves.

What This Bill Does

• Defines a 'child in need of heightened supervision' as one who has exhibited violent behavior or is incompetent to understand court proceedings but shows signs of violent behavior.
• Allows for the detention of children in secure facilities when there's probable cause to believe they are a child in need of heightened supervision.
• Clarifies that children needing heightened supervision can be held in places like foster homes, licensed care centers, and other suitable locations designated by courts.
• Specifies that children in need of heightened supervision may not be detained with adults but can be placed in facilities intended for adult detainees if necessary.
• Changes rules about shelter care to allow delinquent children who meet certain criteria to stay with dependent or neglected children if they are also a child needing heightened supervision.
• Amends the discharge requirements for indefinite commitments of children, extending their time in custody if they assault staff members.

Who It Names or Affects

• Children and youth under court supervision
• Courts and legal systems dealing with juvenile cases
• Foster care facilities and other child care agencies

Terms To Know

Child in need of heightened supervision

A child who has exhibited violent behavior or is incompetent to be adjudicated delinquent but shows signs of violent behavior.

Probable cause

Reasonable grounds for believing that a crime may have been committed by a person and justifying a more careful investigation or search than a mere hunch.

Limits and Unknowns

• The bill does not specify how the additional funding will be used.
• It is unclear what specific changes this will bring to current practices without further implementation details.
• There are no provisions for evaluating the effectiveness of these new rules after they take effect.

Official Summary Text

Present law describes when a child may be detained in a secure facility. This bill expands present law by providing that a child may be detained in a secure facility when there is probable cause to believe the child is a child in need of heightened super
vision. As used in this bill, a "child in need of heightened supervision" means a child who a court determines meets either of the below requirements:



The child has exhibited or threatened violent behavior consistent with first degree murder; second degree murder; rape; aggravated rape; rape of a child; aggravated robbery; especially aggravated robbery; kidnapping; aggravated kidnapping; especially aggravated kidnapping; aggravated assault; felony reckless endangerment; aggravated sexual battery; voluntary manslaughter; criminally negligent homicide; sexual battery by an authority figure; statutory rape by an authority figure; prohibited weapon; unlawful carrying or possession of a firearm; carrying weapons on school property; carrying weapons on public parks, playgrounds, civic centers, and other public recreational buildings and grounds; handgun possession; providing handguns to juveniles; any felony drug offense; or cruelty to animals. This applies regardless of whether a petition has been filed alleging the child committed a delinquent act and regardless of the child's adjudication or diversion status.



The child is incompetent to be adjudicated delinquent but has exhibited behavior consistent with a violent offense or an attempt to commit a violent offense, including those listed above.

APPROPRIATE LOCATIONS FOR DETAINED CHILDREN

Present law allows a child that is alleged to be delinquent or unruly to be detained only in a licensed foster home or home approved by the court; a facility operated by a licensed child care agency; a detention home or center for delinquent children tha
t is under the direction or supervision of the court or an authority approved by the court; or any other suitable place designated or operated by the court. This bill clarifies that such requirements also apply to a child in need of heightened supervisio
n.

JAILS AND FACILITIES INTENDED OR USED FOR DETENTION OF ADULTS

Present law prohibits a child alleged to be dependent or neglected from being detained in a jail or other facility intended or used for the detention of adults charged with a criminal offense or of children alleged to be delinquent. This bill clarifies
that prohibition does not apply if the alleged dependent or neglected child is a child in need of heightened supervision.

SHELTER CARE

Present law generally prohibits a child alleged to be delinquent or a child committed to the department of children's services ("department") from being held in shelter care with a child alleged to be dependent or neglected if the delinquent child meets
any of the following criteria:



H
as been found to be delinquent or i
s
alleged to be delinquent based on a felony offense constituting a crime against a person or persons
.


H
as prior commitments to the department as a result of having committed a felony offense constituting a crime against a person or persons
.



H
as been found to be delinquent or is alleged to be delinquent based on a felony drug offense
.



H
as prior commitments to the department as a result of having committed a felony drug offense
.



H
as a history of prior convictions for felony offenses that constitute crimes against persons or felony drug offenses.

This bill clarifies that the prohibition
as described above
does not apply if the child alleged to be dependent or neglected is also a child in need of heightened supervision.

INSTITUTIONS OR FACILITIES FOR DELINQUENT CHILDREN

Present law generally prohibits a child found to be dependent or neglected from being confined to an institution or other facility for the benefit of delinquent children unless the alleged dependent or neglected child is also delinquent. This bill clari
fies that the exception also applies to a child in need of heightened supervision.

REQUIRED DISCHARGE

Present law generally requires a delinquent child committed to the custody of the department for an indefinite time to be discharged after a maximum of six months. This bill clarifies that this requirement does not apply if the child is alleged to have
committed an assault against a staff member at the child's residential placement. A child committed to the custody of the department must receive notice of this exception.

Current Bill Text

HOUSE BILL 2526
By Lamberth

SENATE BILL 1868
By Johnson
SB1868
011269
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 37,
Chapter 1, Part 1, relative to children.

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:
( ) "Child in need of heightened supervision" means a child who a court
determines:
(A) Has exhibited or threatened violent behavior consistent with an
offense enumerated in § 37-1-131(a)(2)(B)(i) or § 39-14-202, regardless of
whether a petition has been filed alleging the child committed a delinquent act
and regardless of the child's adjudication or diversion status; or
(B) Is incompetent to be adjudicated delinquent but has exhibited
behavior consistent with a violent offense or an attempt to commit a violent
offense, including offenses enumerated in § 37-1-131(a)(2)(B)(i) and § 39-14-
202;
SECTION 2. Tennessee Code Annotated, Section 37-1-114(c), is amended by
redesignating the current subdivisions (c)(7) and (c)(8) as subdivisions (c)(8) and (c)(9) and
adding the following as a new subdivision (c)(7):
(7) There is probable cause to believe the child is a child in need of heightened
supervision;
SECTION 3. Tennessee Code Annotated, Section 37-1-114(c), is amended by deleting
"listed in subdivisions (c)(1)-(6)" and substituting "listed in subdivisions (c)(1)-(7)".

- 2 - 011269

SECTION 4. Tennessee Code Annotated, Section 37-1-116(a), is amended by deleting
"delinquent or unruly" and substituting "delinquent, unruly, or a child in need of heightened
supervision".
SECTION 5. Tennessee Code Annotated, Section 37-1-116(d), is amended by deleting
"alleged to be delinquent" and substituting "alleged to be delinquent, unless the child is also a
child in need of heightened supervision".
SECTION 6. Tennessee Code Annotated, Section 37-1-116(k)(1), is amended by
deleting "unless the following" and substituting "unless the child is also a child in need of
heightened supervision or the following".
SECTION 7. Tennessee Code Annotated, Section 37-1-130(b), is amended by deleting
"to be delinquent" and substituting "to be delinquent or a child in need of heightened
supervision".
SECTION 8. Tennessee Code Annotated, Section 37-1-137(b)(1), is amended by
adding the following as a new subdivision:
(D)
(i) The child is alleged to have committed an assault against a staff
member at the child's residential placement. If the child is found to have
committed such an assault following a disciplinary offense hearing or if the child
is adjudicated delinquent for an assault that was committed against a staff
member at the child's residential placement, then the child's indefinite
commitment must not be discharged and the child must not be placed on home
placement supervision for an additional six (6) months from the date of the
assault.
(ii) A child committed to the custody of the department for an indefinite
time must be informed of this subdivision (b)(1)(D) upon commitment.

- 3 - 011269

SECTION 9. This act takes effect July 1, 2026, the public welfare requiring it.