Bill That Could Criminalize Tennessee Parents Based On Anonymous Allegations One Step Closer To Becoming Law
Image Credit: capitol.tn.gov
The Tennessee Conservative [By Paula Gomes] –
A bill that could criminalize parents in Tennessee based on anonymous allegations moved one step closer to becoming law yesterday when the House Criminal Justice Subcommittee voted unanimously in a voice vote.
House Bill 1109 (HB1109) sponsored by Representative Ron Travis (R-Dayton-District 31) will now go to the House Criminal Justice Committee. The Senate companion bill, sponsored by Senator Paul Bailey (R-Sparta-District 15), is scheduled for a vote on the Senate floor at the end of the month.
Connie Reguli spoke in opposition to the bill asking the committee to consider the legislative history of Tennessee Code Annotated 39-13-306. This statute was first codified in 1989 as a broad code to prosecute for any violations of custody orders. However, in 2004, the legislature narrowed the code with specific language which includes violating custody and visitation orders between parents.
Reguli argued that the current code contemplates court orders that are fully heard and ruled on by courts who have heard from both sides. Reguli said that DCS would be able to use anonymous reports to ask a court for a secret “ex parte” removal order and then arrest the parents without even contacting them about the investigation.
“Its a matter of basic due process,” Reguli told The Tennessee Conservative yesterday evening, “This constitutional protection includes notice and the right to be heard.”
Reguli said that if the bill included language mandating a full investigation, service of the DCS court documents, and a hearing, that the bill would be tolerable.
In response to a question during the subcommittee meeting, Reguli pointed out that in cases of child abuse or neglect, DCS can obtain a criminal warrant if they have probable cause.
When asked if an “ex parte” order was possible, Legislative Director for DCS Jim Layman said he “would have to ask.”
The bill will next be heard in the full House Criminal Justice Committee whose members are listed below:
Bud Hulsey (R) – Chair– rep.bud.hulsey@capitol.tn.gov – (615) 741-2886
John Gillespie (R) Vice-Chair– rep.john.gillespie@capitol.tn.gov – (615) 741-8201
Scotty Campbell (R) – rep.scotty.campbell@capitol.tn.gov – (615) 741-2050
Michele Carringer (R) – rep.michele.carringer@capitol.tn.gov – (615) 741-1721
Elaine Davis (R) – rep.elaine.davis@capitol.tn.gov – (615) 741-2287
Clay Doggett (R) – rep.clay.doggett@capitol.tn.gov – (615) 741-7476
Andrew Farmer (R) – rep.andrew.farmer@capitol.tn.gov – (615) 741-4419
Monty Fritts (R) – rep.monty.fritts@capitol.tn.gov – (615) 741-7658
Ronnie Glynn (D) – rep.ronnie.glynn@capitol.tn.gov – (615) 741-2043
G.A. Hardaway (D) – rep.ga.hardaway@capitol.tn.gov – (615) 741-5625
Dan Howell (R) – rep.dan.howell@capitol.tn.gov – (615) 741-7799
Gloria Johnson (D) – rep.gloria.johnson@capitol.tn.gov – (615) 741-2031
William Lamberth (R) – rep.william.lamberth@capitol.tn.gov – (615) 741-1980
Debra Moody (R) – rep.debra.moody@capitol.tn.gov – (615) 741-3774
Lowell Russell (R) – rep.lowell.russell@capitol.tn.gov – (615) 741-3736
Paul Sherrell (R) – rep.paul.sherrell@capitol.tn.gov – (615) 741-1963
Joe Towns, Jr. (D) – rep.joe.towns@capitol.tn.gov – (615) 741-2189
About the Author: Paula Gomes is a Tennessee resident and reporter for The Tennessee Conservative. You can reach Paula at paula@tennesseeconservativenews.com.
Who is Connie Reguli?
Connie Reguli is an advocate and activists for cps reform. I was so aggressive in fighting ex parte secret orders that I have been retaliated against, but that will not stop me. More to come. I spoke yesterday and I will not stop. I just returned from Washington DC with 15 advocates from across the country. I have a social media presence on Facebook and group called Family Forward Project.
And many videos on YouTube. Please join this fight for justice.
https://youtu.be/LyUopJ6N3Ts
No! No! and No! You idiots got away with calling driving a privilege, you won’t get away with calling having kids a privilege and stripping parents of more constitutional rights. If you have an accuser, bring them up front, before you dare remove a child from the home. That’s called vigilante justice in case you need a title for your actions. The DCS can’t adequately investigate the legitimate claims they get and, somehow, you idiots think they can handle unfounded, unproven claims. Ugh!
Ralph – What you wrote makes sense.
Just think of the lives destroyed on unfounded anonymous allegations from perhaps a teen mad about losing phone privileges or a neighbor with a grievance or an in law or ex lover, anyone with a grudge. Jobs lost, reputations destroyed, families destroyed. What happened to due process or innocent until proven guilty? State government have lost their collective minds
This sounds like something that is UnAmerican and like what happens in Communist China.
Before you take another step forward, you need to educate yourselves about the gross miscarriage of justice that took place in Wenatchee, WA resulting from this type of misguided legislation. STOP !
What happen to due process?? I a Anonymous caller does not want to give their name with the allegations being made more than likely it is False info, which should not be followed up. Burn this Bill.
Exactly!!! WHY is this bill progressing through our general assembly? Is this part of guv Lee’s support of DHS and the foster system? By it’s nature it is against parents. This is a bad bill and a dangerous one. Write and call your representative!
There is a difference between an anonymous source and a confidential source. No child should be taken based solely on an anonymous source.