Child Abuse - As enacted, expands the definition of child abuse to include a person under the age of 18 witnessing either the abuse of another child in the person's immediate family or household or domestic abuse of a me, the official text

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                           PUBLIC CHAPTER NO. 398

                                                    SENATE BILL NO. 1241

                                                        By Jackson, Rose

                                            Substituted for: House Bill No. 1360

                                         By Littleton, Farmer, Hardaway, Bricken

AN ACT to amend Tennessee Code Annotated, Title 36; Title 37 and Title 39, relative to child abuse.

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

          SECTION 1. Tennessee Code Annotated, Section 37-1-102(b)(1), is amended by adding the
following as a new subdivision:

                    (C) A person under eighteen (18) years of age witnesses either abuse of another child
          in the person's immediate family or household, or domestic abuse, as defined in § 36-3-601,
          of another member of the person's immediate family or household;

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

                    Notwithstanding another law to the contrary, if a child has been removed from the
          custody of a parent or legal guardian due to a finding of abuse, as defined in§ 37-1-102, and
          placed in foster care with the department or in the care of an agency as provided in § 37-2-
          403, then reunification with the parent must not occur unless the parent has achieved sufficient
          progress on the parent's permanency plan responsibilities to make reunification safe and the
          child has received any mental health counseling deemed necessary for reunification.

          SECTION 3. Tennessee Code Annotated, Section 37-2-403(a), is amended by adding the
following as a new subdivision:

                    (8) The permanency plan for a child in foster care as a result of abuse or neglect that
          includes as a permanency goal the return of the child to the parent must include in the parent's
          statement of responsibilities a requirement that the parent complete appropriate services to
          address domestic violence, if the reason for the child's placement in foster care included
          witnessing or being subjected to domestic abuse by the parent.

          SECTION 4. Tennessee Code Annotated, Section 37-5-105, is amended by adding the
following as a new subdivision:

                    (18) By January 31, 2026, and each year semiannually thereafter, report to the chair of
          the judiciary committee of the senate, and the chairs of the committees of the house of
          representatives having jurisdiction over judiciary matters and matters related to children and
          family affairs, the number of children who were removed into foster care due to allegations of
          domestic abuse. The report must include information on the number of children who were
          returned home, the number of children who remained in the custody of the department, and
          other outcomes.

          SECTION 5. This act takes effect upon becoming a law, the public welfare requiring it.
         SENATE BILL NO. 1241

PASSED:  April 16, 2025

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                         \               RANtv McNALLy

                            SPEAKER OF THE SENATE

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                             CAMERONSEXTON,SPEAKER
                             HOUSE OF REPRESENTATIVES

Ft'-- APPROVED this  ~ day of            2025

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          BILL LEE, GOVERNOR