TN House Passes Bill That Could Criminalize Parents Based On Anonymous Allegations

Image Credit: capitol.tn.gov

The Tennessee Conservative [By Adelia Kirchner] –

The Tennessee General Assembly has just passed a bill to amend current law, making it a criminal offense for families to hide children outside of the state when that child is in custody of the Department of Children’s Services (DCS).

Reports of child abuse or neglect can be submitted to DCS anonymously and without evidence. The agency is also not required to verify source credibility before filing allegations in court and getting a judge to sign an order to put your child in state custody. 

Under this legislation, parents could be charged with a felony offense for failure to turn over their child to the state.

The bill goes on to essentially relieve DCS of having to properly notify parents with a removal order, stating 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.”

House Bill 1109 (HB1109) is sponsored by Rep. Ron Travis (R-Dayton-District 31) who has summarized the legislation as simply an amendment to current law, that would enact stipulations against harboring children in another state when that child has knowingly been placed in DCS custody.

Still, others have voiced concern regarding the constitutionality of the legislation, stating that it would actually allow DCS to avoid informing families of removal orders and strip away due process and trial by jury for parents in these situations. 

Corresponding Senate bill, SB1319, which is sponsored by Sen. Paul Bailey (R-Sparta-District 15) was already passed in the Senate last month by a 28-1 vote.

During yesterday’s House session, HB1109 was conformed to SB1319, meaning that the identical House and Senate versions of the legislation were combined under the Senate Bill’s title. 

The House then voted on SB1319 which passed with a 74-17 vote. Representatives Barrett, Camper, Capley, Chism, Clemmons, Dixie, Doggett, Grills, Hakeem, Harris, Hulsey, Johnson G, Jones, Parkinson, Powell, Richey, and Towns maintained the seventeen nay votes. 

Immediately following, Speaker Cameron Sexton (R-Crossville-District 25) noted that Representatives Johnson C, Burkhart, Glynn, and Gillespie were excused from the vote. 

SB1319 having been passed by both the Senate and the House, will now be enrolled and signed by both House Speaker Sexton as well as Lt. Governor and Senate Speaker Randy McNally (R-Oak Ridge-District 5).

The bill will then be sent to Governor Lee’s Office where he has the choice to sign it into law, veto it back to the legislature, or allow it to officially become Tennessee law without his signature. 

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.

10 thoughts on “TN House Passes Bill That Could Criminalize Parents Based On Anonymous Allegations

  • April 14, 2023 at 4:37 pm
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    Thank you Brandon and your staff for all you do. I appreciate all your effort to bring us conservative Tennessee news.
    We are refugees from California (Sacramento region) and my mantra is “don’t California my Tennessee”.
    I’m supporting your efforts financially $100 mo. Send me all my “goodies” and let me know how I can help. 👍🏼🤗

    Reply
    • April 15, 2023 at 12:30 am
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      Appreciate y’all!

      Reply
    • April 15, 2023 at 12:31 am
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      Appreciate y’all!!

      Reply
    • April 15, 2023 at 12:32 am
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      Appreciate y’all!
      Wish all refugees were like y’all.

      Reply
    • April 15, 2023 at 12:36 am
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      Deal is malfunctioning.
      Wish we could edit/delete here.

      Reply
  • April 15, 2023 at 12:29 am
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    What is the “good” intent of this?

    Reply
  • April 15, 2023 at 1:44 pm
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    Why are they passing this? Anonymous charges?

    Reply
  • April 16, 2023 at 1:37 am
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    Who needs Demoncrats when we have RINO Repukitans. Cowards or communists.

    Reply
  • April 16, 2023 at 2:39 am
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    Appalling
    “…anonymously and without evidence…”
    I hope the court shoves this bill down McNally & Sexton’s throat
    No Due Process
    Only 17 Reps got it right
    So which flag should we raise Chinese or Russian?

    Reply
  • April 17, 2023 at 1:40 pm
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    This is very dangerous legislation. Many years ago now, I was anonymously reported in NYS because someone saw my children outside during school hours. We were home schooling and, of course, we allowed our children to be outside. Even schools had recess and lunch break in those days! Further more Child Services called a neighbor and asked their teenage daughter if she knew of any abuse in our family. Her dad called and set the “Service” straight. He was known and we were blessed.

    Please do not favor a non-elected bureaucrat to have power over a family. Anyone with an ax to grind or a displeasure with a neighbor, etc. can seriously disrupt a family by making decisions that only families should be able to make. Not every medical or social service has the same health knowledge that many families rely on.

    Reply

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