Bill Filed to Terminate Tennessee Parent’s Rights After Six Months of “Substantial Noncompliance” (Update 2.16.24)

***Update 2.16.24 – SB2660 has Placed on the Senate Judiciary Committee calendar for 2/20/2024. To voice your support or opposition to the legislation, find the committee members contact info HERE and contact them prior to their meeting.***

Image Credit: Annie Spratt / UnSplash

The Tennessee Conservative [By Adelia Kirchner] –

This week Rep. Ed Butler (R-Rickman-District 41) filed a bill that would effectively make it easier to funnel children away from their parents and into state custody.

House Bill 1808 (HB1808) as introduced, amends Tennessee law by requiring Tennessee’s Department of Children’s Services (DCS) “to file a petition for termination of parental rights within 10 business days if there has been substantial noncompliance by a parent or guardian with the statement of responsibilities in a permanency plan over a period of six months.”

The shortened time frame of six-months could prove detrimental in cases where parents have been falsely accused or assessed by DCS. 

Especially after Tennessee’s state legislature passed a controversial bill last year, SB1319, which increased the chances of parents being criminalized by DCS based on anonymous allegations

“Based on my read, current law requires almost 2 years of time to pass where the parents can make their case. In section (h)(1)(G), six months is mentioned in relation to the parents not making progress in ‘obtaining custody,’” read a social media post from Tennessee Valley Advocates for Freedom. “This is accelerating taking kids instead of trying to return them to their parents. Yes, there are cases where termination of parental rights is the only choice. But there are far too many cases where CPS is way out of line.”

A permanency plan includes a statement of responsibility and actions or tasks that must be completed by the parent(s) in order for them to regain custody of their child(ren). Parents may be required to attend parenting classes or seek counseling as part of this plan.

Signing and complying with a permanency plan is typically read as an admission of guilt on the parent’s behalf. 

Once a permanency plan has been signed, the ability of wrongfully accused parents to make a case for themselves, prove their innocence and get their child(ren) back, substantially decreases.

Many wrongfully accused parents who do not have the means for legal recourse are encouraged to “just comply” and are coerced into signing these plans for fear of permanently losing their children.

“Substantial noncompliance” in this context is already “grounds for the termination of parental rights” according to current state law, if the court finds that the requirements outlined in a permanency plan are “reasonable.” 

State law does not specifically define “substantial noncompliance,” instead leaving the infraction open to subjective interpretation.

If Rep. Butler’s bill becomes law it would go into effect on July 1st, 2024.

About the Author: Adelia Kirchner is a Tennessee resident and reporter for the Tennessee Conservative. Currently the host of Subtle Rampage Podcast, she has also worked for the South Dakota State Legislature and interned for Senator Bill Hagerty’s Office in Nashville, Tennessee. 

You can reach Adelia at adelia@tennesseeconservativenews.com.

8 thoughts on “Bill Filed to Terminate Tennessee Parent’s Rights After Six Months of “Substantial Noncompliance” (Update 2.16.24)

  • January 12, 2024 at 5:00 pm
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    Has Rep. Butler reached out to churches, schools and other public spaces in district 41 making it known that his office will aid parents falsely accused w.o due process of child abuse?
    Has any Tn state representative made public statements re aiding parents that are falsely accused and subjected to the tyranny of state over-reach ?

    Reply
    • February 18, 2024 at 5:17 pm
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      Trafficking TN children is big business. 1/3 to 1/2 of DCS referrals come from public school teachers. The money doesn’t flow if the children remain with family or relatives. When Lockdown Lee closed the schools, that revenue stream was cut off. Penny Schwinn then decides to go door to door (during a “deadly pandemic”) to ‘check on’ all K-12 aged children in the state.

      Who benefits? Follow the money. Who has multi-state foster services (TN, NC, KY)…that would also benefit from the new bill to more easily ship children out of state, or with less accountability/regulation…by creating a “non-traditional” foster agency.

      Reply
  • January 12, 2024 at 5:44 pm
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    TN “Republicans” are nothing more than far left pedos who lie to get in office, then vote as you would expect a far left pedo to vote.

    Reply
  • January 12, 2024 at 7:14 pm
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    This world seems to overflow with people who find pleasure in forcing their will on others. Two decades ago the Department of Children Services, DCS, seemed to be heavily populated by women who wanted to kick a man when he was down or knock him down if he was still standing. Having obtained custody of four children at the end of two marriages in Tennessee I’ve run the gauntlet a time or three. The last time I was to face off with DCS it was over two grandkids. The night before court I had a career ending stroke having never missed teaching a class in Math, Engineering, or Physics in 40 years. It was a blessing!
    Our children are our future; always have been, always will be. They need to be guided by those who love them most, ideally their parents. When that fails we don’t turn to the federal government; the one we have now is either bought, stolen, corrupt, evil or all of the above and then some. We shouldn’t turn to the states since they are bought, stolen and don’t love our children, either.
    Why not just cut all our children in half and give half to the GOP and half to the communist democrat party…until someone shows they love them?

    Reply
  • January 13, 2024 at 11:14 am
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    Family preservation is long hard work. Termination of the family (Termination of Parental Rights) is the short cut to that long hard work. Of course there are situations where the child’s safety is threatened but is the word “immanent” still included in that assessment of risk. Child safety is paramount in any society but unless parents have the knowledge and support (not just financial) how will they ensure their child’s safety? DCS was under federal Brian A. Requirements for many years. Is this legislation a stop gap to keep the federal mandate from returning?

    Reply
  • February 16, 2024 at 11:04 pm
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    Emailed them;
    NO!!!

    I fully agree with Tennessee Valley Advocates for Freedom. “This is accelerating taking kids instead of trying to return them to their parents. Yes, there are cases where termination of parental rights is the only choice. But there are far too many cases where (lucifer’s)CPS is way out of line.”

    Reply
  • February 17, 2024 at 12:15 am
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    How many children, per year, have died after in DHS the past 4 years??

    Reply
    • February 18, 2024 at 3:58 pm
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      Damn good question Bob, the tables should be turned on DHS, let’s investigate them and see how the kids fare after being taken!

      Reply

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