Children's Services, Dept. of - As enacted, requires the department to make an initial screening, and potentially an assessment, upon receiving a report of harm that includes a report of harm alleging facts that involve , the official text

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                     ~tate of \ltennessee

                           PUBLIC CHAPTER NO. 762

                                                  HOUSE BILL NO. 2262

                           By Representatives Greg Martin, Hardaway, Cepicky

                                       Substituted for: Senate Bill No. 2220

                        By Senators Lowe, Haile, Harshbarger, Taylor, Rose, Seal

         AN ACT to amend Tennessee Code Annotated, Title 37 and Title 71, relative to
investigations.

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

          SECTION 1. Tennessee Code Annotated, Section 37-5-601, is amended by adding the
following as a new subdivision (2):

                    (2) "Caregiver" means the same as defined in§ 37-1-102 or§ 37-5-501.

          SECTION 2. Tennessee Code Annotated, Section 37-5-604, is amended by deleting the
section and substituting instead:

                    (a) Upon receipt of a report of harm pursuant to§ 37-1-403, including a report of
          harm alleging facts that involve a caregiver, the department must make an initial
          screening decision using an approved screening instrument. The screening instrument
          must be developed by the department. If the report does not allege that the child has
          been harmed or that the child has been sexually abused, then after reviewing the
          information available and using the screening instrument, the department must
          determine whether the child is at risk of maltreatment. If the child is at risk of
          maltreatment, then the department must determine whether the appropriate level of
          intervention is:

                              (1) Investigation pursuant to chapter 1 of this title;

                              (2) Assessment of the child, family, and caregiver's need for and referral
                    to available community-based public or private services;

                              (3) Referral for available community-based public or private services
                    without assessment or investigation; or

                              (4) No further action by the department.

                    (b) If the department receives a report under chapter 1, part 4 or part 6 of this
          title, that alleges a child has actually been harmed or sexually abused, then the
          department must investigate such report, with child protective services investigators, to
          the extent that investigators are available, pursuant to chapter 1, part 4 or part 6 of this
          title. The department also may proceed at the same time with assessment under this
          section, including for reports of harm alleging facts involving a caregiver.

                    (c) If the department determines that an assessment of the child, family, and
          caregiver is appropriate, then the department must give the parents, guardian, or others
          exercising parental or caregiver authority a written and oral explanation of the procedure
          for assessment of the child, family, and caregiver and its purposes. The assessment of
          the child, family, and caregiver and identification of service needs must be based on
          information gathered from the family and other sources. The department must have such
          face-to-face contact with the child, parents, other family members, and other sources, as
          is necessary to make the assessment reliable. If the parent is not present during contact
          with a child, then the child's parent or guardian shall be contacted as soon as possible
          following contact with the child. The assessment of the child, family, and caregiver must
          be completed within ninety (90) days. The assessment of the child, family, and caregiver
HB2262

         must be in writing and must be completed in accordance with department policy or
         regulations.

                   (d) Upon completion of the assessment of the child, family, and caregiver, the
         department must consult with the family and caregiver about available community-based
         public or private services to address the family and caregiver's needs. When
         appropriate, families and caregivers must be offered services through the department,
         other public agencies, or community-based private agencies, which may include faith-
         based organizations, to promote meeting the needs of the family and caregiver. The
         department shall not require a family or caregiver to participate in available public or
         private community-based services that it offers the family or caregiver. If the family or
         caregiver does not cooperate with the provision of community-based public or private
         services or provide alternative services of the family's or caregiver's own to meet such
         needs, then the department must assess whether further steps should be taken to carry
         out the purposes of this part. If a family or caregiver that declines services that are
         offered to the family or caregiver does not provide adequate alternative services of its
         own, then the department must inform the parents or caregiver that the actions in
         declining services may be considered in future action by the department.

                   (e) If the department determines, under subsection (a), that the appropriate level
         of intervention is referral for available community-based public or private services
         without assessment or investigation, then the department may refer the family or
         caregiver for preventive community-based public or private services. Families or
         caregivers have the option of declining services offered as a result of a report of harm
         that did not result in an investigation or assessment of the child, family, and caregiver. If
         the family or caregiver declines the services, then the case must be closed, unless the
         department determines that sufficient cause exists to redetermine the case as one that
         needs to be investigated or assessed. Any family or caregiver that declines services
         offered to them must be informed that the actions in declining services may be
         considered in evaluating any future reports of harm received by the department.

                   (f) The department must commence an immediate investigation, if, at any time
         during the provision of services under this part, the department determines that an
         investigation is required by chapter 1, part 4 or part 6 of this title, and that investigation
         must be conducted under those provisions. The district attorney general and law
         enforcement officials must be informed of the investigation as required under those
         provisions.
         SECTION 3. This act takes effect January 1, 2027, the public welfare requiring it.

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         HOUSE BILL NO. 2262

PASSED:  April 2, 2026

                              CAMERON SEXTON, SPEAKER
                              HOUSE OF REPRESENTATIVES

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                              '        RANDY I-\L-'_'______ _

                                       SPEAKER OF THE SENATE

I APPROVED this lo'tl.- day of Apr,·\  2026

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BILL LEE, GOVERNOR