Children

Plain English Breakdown

The official source material did not provide specific details on standing or recommendations for timely resolution.

Children's Rights and Protection Act

This bill aims to ensure that children have equal protection under the law by providing them with fundamental rights to safety, protection from harm, and consideration of their best interests in all legal decisions affecting them.

What This Bill Does

• Gives children the right to be protected from abuse, neglect, and exploitation.
• Requires courts to consider a child's safety and well-being as the most important factor when making decisions that affect them.
• Ensures every child has access to legal representation in cases where their welfare is at stake.
• Allows children to express their views about their living situation without fear of punishment.
• Recommends timely resolution of legal issues involving a child's welfare.

Who It Names or Affects

• Children and those involved in making decisions that affect them, such as judges, lawyers, and social workers.

Terms To Know

Paramount concern

The most important thing to consider when making a decision.

Limits and Unknowns

• It does not specify how violations of children's rights will be punished.
• Does not provide details on what constitutes 'age-appropriate' consideration of a child’s views and preferences.
• The bill does not change existing protections for children, but adds new ones.

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

HOUSE BILL 2128
By Alexander

SENATE BILL 2538
By Hatcher
SB2538
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.