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PUBLIC CHAPTER NO. 1102
SENATE BILL NO. 1868
By Johnson, Walley, Haile, Gardenhire
Substituted for: House Bill No. 2526
By Lamberth, Cochran, Littleton, White
AN ACT to amend Tennessee Code Annotated, Title 37, Chapter 1, Part 1, relative to children.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 37-1-131 (a)(2)(A)(v)(c)(2), is amended by
deleting the subdivision and substituting:
(2) A child placed in the custody of the department under this subdivision
(a)(2)(A)(v)(c) shall remain in custody so long as necessary to complete the treatment or
services, which shall be evidence-based and provided by a qualified provider, but shall
remain in custody no longer than six (6) months; provided, that the court may order that the
child remain in custody for up to an additional six-month period if the court finds after a
hearing or stipulation that:
(A)(1) The child needs services or treatment that are available only if the child
is in custody; and
(ii) The services or treatment the child needs are evidence-based and
will be provided by a qualified provider; or
(B) The child committed an assault against a staff member at the child's
residential placement. For the purposes of this subdivision (a)(2)(A)(v)(c)(2)(B), the
child does not have to be adjudicated of a separate delinquent offense of assault for
the court to order that the child remain in custody for up to an additional six (6)
months;
SECTION 2. Tennessee Code Annotated, Section 37-1-131(a)(4)(B)(iii)(b}, is amended by
deleting the subdivision and substituting:
(b) A child placed in the custody of the department under this subdivision (a)(4)(B)(iii)
shall remain in custody so long as necessary to complete the treatment or services, which
shall be evidence-based and provided by a qualified provider, but shall remain in custody no
longer than six (6) months; provided, that the court may order that the child remain in custody
for up to an additional six-month period if the court finds after a hearing or stipulation that:
(1)(A) The child needs treatment or services that are available only if the child
is in custody; and
(B) The treatment or services the child needs are evidence-based and
will be provided by a qualified provider; or
(2) The child committed an assault against a staff member at the child's
residential placement. For the purposes of this subdivision (a)(4)(B)(iii)(b)(2), the child
does not have to be adjudicated of a separate delinquent offense of assault for the
court to order that the child remain in custody for up to an additional six (6) months;
SECTION 3. Tennessee Code Annotated, Section 37-1-131(a)(4), is amended by adding the
following as a new subdivision:
SB 1868
(C) When committing a child to the custody of the department, the court shall notify
the child that committing an assault against a staff member at the child's residential
placement may result in an extension of the child's period of commitment;
SECTION 4. Tennessee Code Annotated, Section 37-1-137(f)(3)(8}, is amended by deleting
the subdivision and substituting:
(B) A child placed in the custody of the department under this subdivision (f)(3) shall
remain in custody so long as necessary to complete the treatment or services, which shall be
evidence-based and provided by a qualified provider, but shall remain in custody no longer
than six (6) months; provided, that the court may order that the child remain in custody for up
to an additional six-month period if the court finds after a hearing or stipulation that:
(i)(a) The child needs treatment or services that are available only if the child
is in custody; and
(b) The treatment or services the child needs are evidence-based and
will be provided by a qualified provider; or
(ii) The child committed an assault against a staff member at the child's
residential placement. For the purposes of this subdivision (f)(3)(B)(ii), the child does
not have to be adjudicated of a separate delinquent offense of assault for the court to
order that the child remain in custody for up to an additional six (6) months.
SECTION 5. Tennessee Code Annotated, Title 37, Chapter 1, Part 1, is amended by adding
the following as a new section:
37-1-193.
(a) The department of children's services shall create a juvenile commitment review
task force to examine system issues and service gaps for children found to be dependent
and neglected and committed to the custody of the department, and who also have pending
delinquency allegations, have been determined to be incompetent to be adjudicated
delinquent, or have exhibited violent behaviors that could constitute a delinquent offense.
(b) The task force shall be composed of the following:
(1) The commissioner of the department of children's services or the
commissioner's designee;
(2) The commissioner of the department of mental health and substance
abuse services or the commissioner's designee;
(3) The commissioner of the department of disability and aging or the
commissioner's designee;
(4) The director of the administrative office of the courts or the director's
designee;
(5) The director of TennCare or the director's designee;
(6) The executive director of the commission on children and youth or the
executive director's designee;
(7) The president of the council of juvenile and family court judges or the
president's designee;
(8) The executive director of the district attorneys general Conference or the
executive director's designee; •
(9) The executive director of the district public defenders conference or the
executive director's designee;
(10) A licensed attorney who regularly serves as a guardian ad litem, to be
appointed by the commissioner of the department of children's services; and
(11) Other individuals as determined by the commissioner of the department
of children's services, including service providers. ..
(c) The task force shall:
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SB 1868
(1) Review necessary data, including data from the administrative office of the
courts;
(2) Develop recommendations to improve care and case management,
treatment and placement options, interagency collaboration, and court processes;
and
(3) Identify necessary statutory or procedural changes to support the target
youth.
(d) By February 1, 2027, the department of children's services shall submit a final
report from the task force to the governor, the chair of the judiciary committee of the senate,
and the chair of the committee of the house of representatives having jurisdiction over
children and families. The report must include a summary of findings and short-term and
long-term recommendations.
(e) The task force terminates on the date the report is filed.
(f) Notwithstanding another law to the contrary, the task force may access information
made confidential pursuant to this title but shall not review information that would directly or
indirectly identify a child or family receiving services from the department of children's
services. Any confidential information reviewed by the task force remains confidential after
review and is not subject to further disclosure except as necessary to carry out the purposes
of this part.
SECTION 6. Section 5 of this act takes effect upon becoming a law, the public welfare
requiring it. All other sections of this act take effect July 1, 2026, the public welfare requiring it.
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SENATE BILL NO. 1868
PASSED: April 21, 2026
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RAND cNALLY
SPEAKER OF THE SENATE
CAMERON SEXTON, SPEAKER
HOUSE OF REPRESENTATIVES
APPROVED this ;;J;)._,.,J. day o f ~ 2026
11,i, U<. -
BILL LEE, GOVERNOREvery fact on this page links to its source, starting with the official bill record.