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Tennessee General Assembly· HB 1359Comp. SB subst.

Foster Care - As enacted, requires the department of children's services, to the extent not otherwise prohibited by state or federal law, to promulgate rules to implement certain rights for any foster child in the custod, the official text

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                           - PUBLIC CHAPTER NO. 387

                                                    SENATE BILL NO. 1015

                                                           By Haile, Rose

                                           Substituted for: House Bill No. 1359

                By Littleton, Hardaway, Powell, Farmer, Clemmons, Camper, Lynn, Bricken

AN ACT to amend Tennessee Code Annotated, Title 36; Title 37; Title 49 and Title 71, relative to
         foster care.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

         SECTION 1. Tennessee Code Annotated, Title 37, Chapter 2, Part 4, is amended by adding
the following new section:

                   (a) To the extent not otherwise prohibited by state or federal statute, the department
          shall, through promulgation of rules in accordance with the Uniform Administrative
          Procedures Act, compiled in title 4, chapter 5, implement each of the following tenets. With
          respect to any foster child in the custody of the department of children's services or an
          agency that contracts with the department to place children in foster care, pursuant to this
          part, a foster child shall have the right:

                             (1) To go to school and receive an education that fits the child's age and
                   individual needs;

                             (2) To benefit from appropriate care and treatment in the least restrictive
                   setting possible;

                             (3) To live in a safe, healthy environment free from abuse, neglect, and pests;

                             (4) To report any violation of personal rights specified in this section without
                   fear of punishment, interference, coercion, or retaliation;

                             (5) To receive medical, dental, vision, and mental health services as
                    recommended by an appropriate professional, and to be informed about diagnoses
                    and treatment options as is developmentally appropriate; and

                             (6) To be free from punishment in the form of restrictions on or supervision of
                    contact with any legal representative, including any appointed guardian ad litem,
                    attorney ad litem, or appointed counsel with whom the foster child has a right to
                    confidential communication.

                    (b) The department shall train all employees of the department who come in contact
          with foster children regarding this section. All current employees shall receive such training
          no later than February 1, 2026, and new employees shall be trained within thirty (30) days
          from the date of their employment.

                    (c)(1) The department must, in consultation with stakeholders within the foster care
                    system, develop materials to express the rights specified in this section and any other
                    rights the department finds appropriate to children in foster care. The stakeholders
                    must include foster care alumni from each grand division of this state.

                              (2) The materials must be age-appropriate and must clearly articulate the
                    foster child's rights. The department must provide the child with the materials and
                    explain the rights to the child within thirty (30) days of the child entering into the
SB 1015
                    custody of the department and annually as a part of the permanency hearing required
                    by§ 37-2-409.
                              (3) The department must review and, if necessary, revise the materials at
                    least every five (5) years.

          SECTION 2. This act takes effect July 1, 2025, the public welfare requiring it.

                                                                 2
         SENATE BILL NO. 1015

PASSED:  April 16, 2025

                      \R.,_ a,~..M~~\u
                                       - - -- RANovincNALLY
                                             SPEAKER OF THE SENATE

                                  ~

                                         CAMERON SEXTON, SPEAKER
                                       HOUSE OF REPRESENTATIVES

E:1!:_ APPROVED this  day o f ~                 2025

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                            BILL LEE, GOVERNOR
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