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SB2365 • 2026

Courts

AN ACT to amend Tennessee Code Annotated, Title 36, Chapter 8 and Title 40, Chapter 11, relative to expedited hearing procedures.

Children
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Rose, Farmer
Last action
2026-04-07
Official status
Transmitted to Governor for action.
Effective date
Not listed

Plain English Breakdown

The bill summary does not specify if the court must articulate findings of fact in all cases or only when imposing restrictions.

Parental Rights Protection Act

This bill establishes expedited hearing procedures for bond conditions that affect parental contact with children and sets standards for restricting such contact before conviction.

What This Bill Does

  • Requires an expedited hearing within 15 days if a bond condition affects a parent's ability to see, care for, or visit their child.
  • The government must prove by clear evidence that there is a threat of harm to the child and less restrictive alternatives are insufficient before restricting parental contact.
  • Courts should presume parental contact with a child is in the best interests of the child.

Who It Names or Affects

  • Parents involved in criminal cases who may have bond conditions affecting their ability to see or care for their children.
  • Courts and government entities responsible for enforcing bond conditions and conducting hearings.

Terms To Know

Bond condition
A requirement set by a court that must be met as part of a defendant's bail agreement, such as not contacting certain people or places.
Expedited hearing
A quick legal process to address urgent matters within a short time frame.

Limits and Unknowns

  • The bill does not specify what happens if the court finds that parental contact is harmful.
  • It's unclear how this act will be enforced or monitored by government entities.
  • There are no details on penalties for non-compliance with these new requirements.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

Amendment 1-0 to HB2078

Plain English: The amendment adds new requirements for expedited hearings and sets standards for bond conditions affecting parental rights before conviction.

  • Adds an expedited hearing requirement within 15 days if a bond condition affects parental contact, custody, or visitation.
  • Requires the government to prove by clear and convincing evidence that restricting parental contact is necessary to protect a child from harm.
  • Establishes that less restrictive alternatives must be insufficient before imposing restrictions on parental rights.
  • The amendment text does not specify what happens if the court finds the bond condition invalid after an expedited hearing.

Bill History

  1. 2026-04-07 Tennessee General Assembly

    Transmitted to Governor for action.

  2. 2026-04-06 Tennessee General Assembly

    Signed by H. Speaker

  3. 2026-04-06 Tennessee General Assembly

    Signed by Senate Speaker

  4. 2026-04-02 Tennessee General Assembly

    Enrolled and ready for signatures

  5. 2026-04-02 Tennessee General Assembly

    Concurred, Ayes 30, Nays 0 (Amendment 1 - HA0761)

  6. 2026-03-31 Tennessee General Assembly

    Placed on Senate Message Calendar for 4/2/2026

  7. 2026-03-30 Tennessee General Assembly

    Passed H., as am., Ayes 92, Nays 0, PNV 0

  8. 2026-03-30 Tennessee General Assembly

    H. adopted am. (Amendment 1 - HA0761)

  9. 2026-03-30 Tennessee General Assembly

    Subst. for comp. HB.

  10. 2026-03-30 Tennessee General Assembly

    Sponsor(s) Added.

  11. 2026-03-30 Tennessee General Assembly

    Comp. SB subst.

  12. 2026-03-26 Tennessee General Assembly

    H. Placed on Regular Calendar for 3/30/2026

  13. 2026-03-25 Tennessee General Assembly

    Placed on cal. Calendar & Rules Committee for 3/26/2026

  14. 2026-03-23 Tennessee General Assembly

    Rec. for pass. if am., ref. to Calendar & Rules Committee

  15. 2026-03-18 Tennessee General Assembly

    Placed on cal. Judiciary Committee for 3/23/2026

  16. 2026-03-18 Tennessee General Assembly

    Action def. in Judiciary Committee to 3/25/2026

  17. 2026-03-11 Tennessee General Assembly

    Placed on cal. Judiciary Committee for 3/18/2026

  18. 2026-03-11 Tennessee General Assembly

    Action def. in Judiciary Committee to 3/18/2026

  19. 2026-03-10 Tennessee General Assembly

    Sponsor(s) Added.

  20. 2026-03-05 Tennessee General Assembly

    Rcvd. from S., held on H. desk.

  21. 2026-03-04 Tennessee General Assembly

    Placed on cal. Judiciary Committee for 3/11/2026

  22. 2026-03-04 Tennessee General Assembly

    Action def. in Judiciary Committee to 3/11/2026

  23. 2026-03-02 Tennessee General Assembly

    Engrossed; ready for transmission to House

  24. 2026-03-02 Tennessee General Assembly

    Passed Senate, Ayes 32, Nays 0

  25. 2026-02-27 Tennessee General Assembly

    Placed on Senate Consent Calendar 2 for 3/2/2026

  26. 2026-02-25 Tennessee General Assembly

    Placed on cal. Judiciary Committee for 3/4/2026

  27. 2026-02-24 Tennessee General Assembly

    Recommended for passage, refer to Senate Calendar Committee

  28. 2026-02-18 Tennessee General Assembly

    Placed on Senate Judiciary Committee calendar for 2/24/2026

  29. 2026-02-17 Tennessee General Assembly

    Rec for pass if am by s/c ref. to Judiciary Committee

  30. 2026-02-11 Tennessee General Assembly

    Placed on s/c cal Children and Family Affairs Subcommittee for 2/17/2026

  31. 2026-02-05 Tennessee General Assembly

    Passed on Second Consideration, refer to Senate Judiciary Committee

  32. 2026-02-04 Tennessee General Assembly

    Assigned to s/c Children and Family Affairs Subcommittee

  33. 2026-02-04 Tennessee General Assembly

    P2C, ref. to Judiciary Committee

  34. 2026-02-03 Tennessee General Assembly

    Sponsor(s) withdrawn.

  35. 2026-02-03 Tennessee General Assembly

    Sponsor change.

  36. 2026-02-02 Tennessee General Assembly

    Introduced, Passed on First Consideration

  37. 2026-02-02 Tennessee General Assembly

    Filed for introduction

  38. 2026-02-02 Tennessee General Assembly

    Intro., P1C.

  39. 2026-01-23 Tennessee General Assembly

    Filed for introduction

Official Summary Text

The Families' Rights and Responsibilities Act provides that the liberty of a parent to the care, custody, and control of the parent's child, including the right to direct the upbringing, education, health care, and mental health of the child, is a fundam
ental right. Further, the Act provides that all parental rights are exclusively reserved to a parent of a child without obstruction by or interference from a government entity and lists several of those rights in statute.

This bill adds to such Act that a bond condition that affects parental contact, custody, or visitation requires an expedited hearing within 15 calendar days of being imposed to determine if the condition meets the requirements. If the hearing is not hel
d within 15 calendar days, then the bond condition is void.

Before a court may impose or extend a bond condition prior to conviction in a criminal case that restricts, limits, or prohibits a defendant
'
s parental contact with, custody of, or visitation with any minor child who is not a victim of the charged crime,
this bill provides that the government bears the burden of establishing, by clear and convincing evidence, which the court must articulate through specific findings of fact, that all of the following criteria is met:



A present and continuing threat of harm exists to the child.


Less restrictive alternatives are insufficient to prevent the harm.


The restriction is in the best interests of the child.

This bill establishes a presumption that parental contact with a child is in the best interests of the child.

ON MARCH 30, 2026, THE HOUSE SUBSTITUTED SENATE BILL 2365 FOR HOUSE BILL 2078, ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 2365, AS AMENDED.

AMENDMENT #1 removes from the finding of fact that the threat of harm exists to the child must be present and continuing, and only requires a finding that a threat of harm exists to the child.

ON APRIL 2, 2026, THE SENATE CONCURRED IN HOUSE AMENDMENT #1.

Current Bill Text

Read the full stored bill text 
HOUSE BILL 2078
By Behn

SENATE BILL 2365
By Rose
SB2365
012025
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 36,
Chapter 8 and Title 40, Chapter 11, relative to
expedited hearing procedures.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. This act is known and may be cited as the "Parental Rights Protection
Act."
SECTION 2. Tennessee Code Annotated, Section 36-8-103, is amended by adding the
following as a new subsection (h):
(h)
(1) A bond condition that affects parental contact, custody, or visitation
requires an expedited hearing within fifteen (15) calendar days of being imposed
to determine if the condition meets the requirements of this chapter. If the
hearing is not held within fifteen (15) calendar days, then the bond condition is
void.
(2) Before a court may impose or extend a bond condition prior to
conviction in a criminal case that restricts, limits, or prohibits a defendant’s
parental contact with, custody of, or visitation with any minor child who is not a
victim of the charged crime, the government bears the burden of establishing, by
clear and convincing evidence, which the court must articulate through specific
findings of fact, that:
(A) A present and continuing threat of harm exists to the child;
(B) Less restrictive alternatives are insufficient to prevent the
harm; and

- 2 - 012025

(C) The restriction is in the best interests of the child.
(3) For purposes of this subsection (h), there is a presumption that
parental contact with a child is in the best interests of the child.
SECTION 3. This act takes effect upon becoming a law, the public welfare requiring it.