Legislation To Expedite Parental Rights Termination For “Substantial Non-Compliance” Passed By Tennessee House

Image Credit: capitol.tn.gov

The Tennessee Conservative Staff –

The Tennessee House of Representatives passed a bill Monday that would require the Department of Children’s Services to move forward with termination of parental rights for “substantial non-compliance.”

Representative Ed Butler (R-Rickman-District 41) introduced House Bill 1808 (HB1808) by substituting the companion Senate Bill 2660 (SB2660), which was sponsored by Senator Dawn White (R-Murfreesboro-District 13).

Butler explained that the legislation would allow a judge to make the determination if a parent was not in compliance with the responsibilities as outlined in the permanency plan. He noted several times throughout the discussion of the bill that the plan was created and monitored by a team of people and not just one person.

Several representatives raised questions regarding the legislation, asking how this would change current procedures and what would happen to the child after those parental rights were terminated.

Representative Justin Pearson (D-Memphis-District 86) asked what would define “substantial non-compliance.” 

While he acknowledged that he appreciated Butler’s intention for the bill, Pearson noted that he could not support it because it “creates space for TPR even if the parent is striving.”

Butler stated that this bill was trying to “fix a gap in the system” by keeping children from remaining in a back-and-forth process if parents were not complying with what was asked of them. 

He reiterated that this legislation was trying to address the needs of both the child and the parents.

In a vote that went nearly down party lines, the bill passed with 66 ayes, 22 nays, and 5 present-not-voting. 

Representative Bryan Richey (R-Maryville-District 20) was the only Republican who voted against the legislation. Representatives John Crawford (R-Bristol/Kingsport-District 1), Monty Fritts (R-Kingston-District 32), and Bud Hulsey (R-Kingsport-District 2) were among the five who were present but opted not to vote.

SB2660 passed the Senate on February 29. The bill will now need to be signed by House Speaker Cameron Sexton and Senate Speaker Randy McNally before being transmitted to Governor Bill Lee for his signature.

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