Tennessee Bill To Terminate Parental Rights Following “Substantial Non-Compliance” Passes In House Committee Via Voice Vote

Image: Bill Sponsor Rep. Ed Butler presents HB1808 to the House Civil Justice Committee. Image Credit: capitol.tn.gov

The Tennessee Conservative [By Adelia Kirchner] –

A bill aiming to terminate parental rights following “substantial non-compliance” has been passed by voice vote in the House Civil Justice Committee, led by Chair Andrew Farmer (R-Sevierville-District 17).

House Bill 1808 (HB1808) is sponsored by Rep. Ed Butler (R-Rickman-District 41). 

The corresponding Senate Bill 2660 (SB2660) is sponsored by Sen. Dawn White (R-Murfreesboro-District 13) and has already been passed on the Senate floor by a 22-6 vote. 

The original version of this legislation required the 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.”

HB1808 has since been amended to require that DCS file this petition for termination of parental rights within 90 days, instead of 10 days, following a court finding that there has been “substantial non-compliance.” 

There is not a clear statutory definition for “substantial non-compliance” and according to the legislature’s legal staff, this term’s definition would be up to the determination of the courts. 

“If a juvenile court finds that there has been a substantial noncompliance by the parent or guardian with a statement of responsibility and a permanency plan and an order entered pursuant to 37-2-409,” Rep. Butler explained in committee on Wednesday, “the department, which would be referring to the Department of Children’s Services, must file a petition required by this subdivision within ninety days.”

Rep. Butler has previously stated that this bill was brought to him by a juvenile court judge because of the number of children “bouncing back and forth” between state custody and parental custody when parental rights had still not been terminated after over a year of “substantial non-compliance.”

Ultimately, HB1808 was passed out of the House Civil Justice Committee by voice vote without any additional discussion on the legislation and with no committee members audibly voting against it.

No members requested to have their vote put on record, even though according to a statement made on Mill Creek View Tennessee Podcast by Rep. Jody Barrett (R-Dickson-District 69), all that a legislator has to do to be transparent with their constituents and have their voice vote recorded, is simply give a thumbs up or thumbs down to the clerk. 

If readers would like to contact House Civil Justice Committee members about why a roll call vote was not requested or why they did not chose to have their voice votes recorded, use the information below.

rep.andrew.farmer@capitol.tn.gov, rep.darren.jernigan@capitol.tn.gov, rep.rush.bricken@capitol.tn.gov, rep.gino.bulso@capitol.tn.gov, rep.kip.capley@capitol.tn.gov, rep.rick.eldridge@capitol.tn.gov, rep.ron.gant@capitol.tn.gov, rep.johnny.garrett@capitol.tn.gov, rep.rusty.grills@capitol.tn.gov, rep.torrey.harris@capitol.tn.gov,  rep.william.lamberth@capitol.tn.gov, rep.mary.littleton@capitol.tn.gov, rep.antonio.parkinson@capitol.tn.gov, rep.jason.powell@capitol.tn.gov,  rep.lowell.russell@capitol.tn.gov

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.