Bill That Could Criminalize Tennessee Parents Based On Anonymous Allegations Heads To House Subcommittee
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The Tennessee Conservative [By Adelia Kirchner] –
Legislation that could criminalize Tennessee parents based on anonymous abuse or neglect allegations has been scheduled for consideration by the House Criminal Justice Subcommittee this week.
House Bill 1109 (HB1109) is sponsored by Rep. Ron Travis (R-Dayton-District 31) and would allow parents to be charged with a felony for failure to turn over their child to the Tennessee Department of Children’s Services (DCS), even if the allegations are anonymous and unsubstantiated.
Corresponding Senate Bill 1319 (SB1319) is sponsored by Sen. Paul Bailey (R-Sparta-District 15) and currently awaits final consideration by the Senate after being passed by the Senate Judiciary Committee on March 14th.Â
This legislation, supposedly filed upon the request of a General Sessions Judge in Sen. Bailey’s district, would do away with basic due process which gives a person the right to know about accusations made against them and allows them the ability to defend themselves in court.
Reports of child abuse or neglect can be submitted to DCS anonymously and do not have to be based on firsthand information. The agency is not required to verify if reporting sources are credible, and can at any time take allegations, file them in court, and get a judge to sign an order to take your child out of your home.
When a report is made, DCS is supposed to properly investigate the allegations. However, investigations are not always conducted before a case is brought to a judge.
Rep. Travis’ legislation would also relieve DCS of having to notify parents with a removal order before taking custody of a child.Â
According to the bill text, it is not a defense that “the person harboring or hiding the child has not been served with an actual copy of a protective custody order or emergency custody order.”
Language like this opens up the possibility of parents being criminally prosecuted for “hiding” or “harboring” their children, even if they had no idea that they were being accused of anything.
On the surface this legislation may seem to offer added protection to children in abusive or negligent households. How could protecting children from harm be a bad thing? Unfortunately, this legislation seems to give DCS unnecessary leeway in handling such cases.
HB1109 has been scheduled for consideration by the House Criminal Justice Subcommittee on March 21st, 2023.Â
If you oppose this legislation and wish to make your voice heard, we urge you to use the information below to contact the representatives on the subcommittee.
Rep. Clay Doggett (R) (Chair) – rep.clay.doggett@capitol.tn.gov – (615) 741-7476
Rep. Scotty Campbell (R) – rep.scotty.campbell@capitol.tn.gov – (615) 741-2050
Rep. Elaine Davis (R) – rep.elaine.davis@capitol.tn.gov – (615) 741-2287
Rep. John Gillespie (R) – rep.john.gillespie@capitol.tn.gov – (615) 741-8201
Rep. G.A. Hardaway (D) – rep.ga.hardaway@capitol.tn.gov – (615) 741-5625
Rep. Dan Howell (R) – rep.dan.howell@capitol.tn.gov – (615) 741-7799
Rep. Bud Hulsey (R) – rep.bud.hulsey@capitol.tn.gov – (615) 741-2886
Rep. Gloria Johnson (D) – rep.gloria.johnson@capitol.tn.gov – (615) 741-2031
Rep. William Lamberth (R) – rep.william.lamberth@capitol.tn.gov – (615) 741-1980
Rep. Debra Moody (R) – rep.debra.moody@capitol.tn.gov – (615) 741-3774
Rep. Lowell Russell (R) – rep.lowell.russell@capitol.tn.gov – (615) 741-3736
Rep. Paul Sherrell (R) – rep.paul.sherrell@capitol.tn.gov – (615) 741-1963
Rep. Joe Towns, Jr. (D) – rep.joe.towns@capitol.tn.gov – (615) 741-2189
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.
Sounds like this bill goes overboard and could be used to attack innocent people. It sounds like this violates constitutional rights. What about Innocent Until Proven Guilty?
If the idiots pass it, the courts will throw it out. Here we go again. A lamebrain with more money than sense thinks bypassing the rights of the accused is a good idea. He probably has no children at home. Too bad, I’d be tempted to drop a dime just to give him a taste of his own medicine.