Child Abuse - As enacted, revises law regarding custody of abused children. - Amends TCA Title 36, Chapter 6; Title 37 and Title 39, Chapter 15, Part 4.
Companion bill has been assigned Public Chapter Number 314 by the Secretary of State.
  • Bill History
  • Amendments
  • Video
  • Summary
  • Fiscal Note
  • Votes
  • Actions For SB1150Date
    Comp. became Pub. Ch. 31406/03/2011
    Am. withdrawn.(Amendment 1 - SA0510)05/16/2011
    Sponsor(s) Added.05/16/2011
    Comp. HB Subst (sends SB to dead bill file)05/16/2011
    Placed on Senate Regular Calendar cal. for 5/16/201105/13/2011
    Rec. for pass. w/ am., ref. to S. Cal. Comm. Ayes 8, Nays 0 PNV 005/10/2011
    Placed on S. Jud Comm. cal. for 5/10/201105/05/2011
    Action Def. in S. Jud Comm. to 5/10/201105/04/2011
    Placed on S. Jud Comm. cal. for 5/4/201105/04/2011
    Action Def. in S. Jud Comm. to 5/4/201105/03/2011
    Placed on S. Jud Comm. cal. for 5/3/201104/27/2011
    Assigned to Gen. Sub of S. Jud. Comm.04/06/2011
    P2C, ref. to S. Jud Comm.02/23/2011
    Intro., P1C.02/17/2011
    Filed for intro.02/16/2011
    Actions For HB1332Date
    Pub. Ch. 314 06/03/2011
    Effective date(s) 05/27/1106/03/2011
    Signed by Governor.05/27/2011
    Transmitted to Governor for his action.05/18/2011
    Signed by S. Speaker05/18/2011
    Signed by H. Speaker05/17/2011
    Enrolled; ready for sig. of H. Speaker.05/17/2011
    Passed S., Ayes 32, Nays 005/16/2011
    S. Subst. HB for comp. SB.05/16/2011
    Rcvd. from H., P1C.05/04/2011
    Sponsor(s) Added.05/03/2011
    Engrossed; ready for transmission to Sen.05/02/2011
    Passed H., as am., Ayes 98, Nays 0 05/02/2011
    Am. withdrawn.(Amendment 1 - HA0218)05/02/2011
    H. adopted am.(Amendment 2 of 0 - HA0361)05/02/2011
    Sponsor(s) Added.05/02/2011
    H. Placed on Regular Calendar for 5/2/201104/28/2011
    Placed on cal. Calendar & Rules Committee for 4/28/201104/27/2011
    Rec. For Pass. ref. to: Calendar & Rules Committee04/26/2011
    Placed on cal. Finance, Ways & Means Committee for 4/26/201104/20/2011
    Rec. For Pass. by s/c ref. to Finance, Ways & Means Committee 04/20/2011
    Placed on s/c cal Finance Subcommittee for 4/20/201104/13/2011
    Assigned to s/c Finance Subcommittee04/13/2011
    Rec. for Pass. if Am. ref. to: Finance, Ways & Means Committee04/13/2011
    Placed on cal. Children and Family Affairs Committee for 4/13/201104/06/2011
    Rec. for pass. if am. by s/c ref. to Children and Family Affairs Committee04/05/2011
    Placed on s/c cal C&FA Subcommittee for 4/5/201103/30/2011
    Action Def. in s/c C&FA Subcommittee to 4/5/201103/29/2011
    Placed on s/c cal C&FA Subcommittee for 3/29/201103/23/2011
    Assigned to s/c General Sub of C&FA03/01/2011
    P2C, ref. to Children and Family Affairs Committee02/23/2011
    Intro., P1C.02/17/2011
    Filed for intro.02/16/2011
  • AmendmentsFiscal Memos
    SA0510Amendment 1-1 to SB1150 
    AmendmentsFiscal Memos
    HA0218Amendment 1-1 to HB1332Fiscal Memo for HA0218 (5516)  
    HA0361Amendment 2- to HB1332 

    NOTE: Each fiscal memorandum applies only to the amendment(s) identified in the memorandum. The fiscal memorandum must be matched to any amendments that have been adopted.

  • Videos containing keyword: SB1150

  • Fiscal Summary

    Not Available


    Bill Summary

    This bill creates a rebuttable presumption that returning a child who has been removed from a home due to abuse or neglect and whose parent or guardian has been convicted of certain offenses against a child, to the custody of the abusive or neglectful parent is not in the best interest of the child. This presumption would apply if the parent or guardian has been convicted of incest; child abuse, neglect or endangerment; aggravated child abuse, neglect or endangerment; tattooing of minors; enticing a child to purchase alcoholic beverages; dissemination of smoking paraphernalia to minors; failing to request identification of a minor before disseminating smoking paraphernalia to a minor; the failure of a person who disseminates smoking paraphernalia to post a sign stating that the sale of tobacco products or smoking paraphernalia to minors is illegal; or harboring a runaway child.

    This presumption may only be rebutted by a court finding that the parent has spent at least one year in counseling with a trained mental health professional. The mental health professional must also testify before the court that the parent is no longer a threat of harm of any kind to the child.

    ON MAY 2, 2011, THE HOUSE ADOPTED AMENDMENT #2 AND PASSED HOUSE BILL 1332, AS AMENDED.

    AMENDMENT #2 rewrites the bill to revise present law regarding custody of abused children.

    Generally, under present law, if a child is found to be dependent and neglected as a result of brutality or abuse, the court may not return the child to the custody or residence of any person who engaged in or knowingly failed to protect the child from the brutality or abuse until the court has received and considered reports and recommendations prepared in light of the possible return of the child by the commissioner of children's services, a psychiatrist, or a multi-disciplinary protective services team of the department of children's services. The reports and recommendations must be filed within 30 days after the court orders the local director of the county office of the department to obtain the reports, and the department may intervene as a matter of right in any such proceeding.

    This amendment removes the above provisions regarding such reports.

    Under present law regarding juvenile courts and proceedings, "severe child abuse" means:
    (1) The knowing exposure of a child to, or the knowing failure to protect a child from, abuse or neglect that is likely to cause great bodily harm or death and the knowing use of force on a child that is likely to cause great bodily harm or death;
    (2) Specific brutality, abuse or neglect towards a child that in the opinion of qualified experts has caused or will reasonably be expected to produce severe psychosis, severe neurotic disorder, severe depression, severe developmental delay or retardation, or severe impairment of the child's ability to function adequately in the child's environment, and the knowing failure to protect a child from such conduct;
    (3) The commission of certain unlawful acts towards the child or the knowing failure to protect the child from the commission of any such act towards the child; or
    (4) Knowingly allowing a child to be present within a structure where the act of creating methamphetamine is occurring.

    This amendment revises (1) to specify that severe child abuse includes the knowing exposure of a child to, or the knowing failure to protect a child from, abuse or neglect that is likely to cause "serious bodily injury," instead of "great bodily harm," or death and the knowing use of force on a child that is likely to cause "serious bodily injury," instead of "great bodily harm," or death. This amendment revises (3) to add aggravated child abuse and aggravated child neglect or endangerment to the list of unlawful acts towards the child that would be considered to be severe child abuse. "Serious bodily injury to the child" includes second- or third-degree burns, a fracture of any bone, a concussion, subdural or subarachnoid bleeding, retinal hemorrhage, cerebral edema, brain contusion, and injuries to the skin that involve severe bruising or the likelihood of permanent or protracted disfigurement, including those sustained by whipping children with objects.

  • No fiscal note for this bill.
  • House Floor and Committee Votes

    HB1332 by Jones S - FLOOR VOTE: AS AMENDED PASSAGE ON THIRD CONSIDERATION 5/2/2011
    Passed
              Ayes...............................................98
              Noes................................................0

              Representatives voting aye were: Alexander, Armstrong, Bass, Brooks H, Brooks K, Brown, Butt, Campbell, Camper, Carr, Casada, Casada, Cobb, Coley, Cooper, Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Favors, Floyd, Ford, Forgety, Gilmore, Gotto, Halford, Hall, Hardaway, Harmon, Harrison, Harwell, Hawk, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson C, Johnson P, Jones S, Keisling, Kernell, Lollar, Lundberg, Maggart, Marsh, Matheny, Matlock, McCormick, McCormick, McDaniel, McDaniel, McDonald, McManus, Miller D, Miller L, Montgomery, Moore, Naifeh, Niceley, Odom, Parkinson, Pitts, Pody, Powers, Pruitt, Ragan, Ramsey, Rich, Richardson, Roach, Sanderson, Sargent, Sexton, Shaw, Shepard, Shipley, Sontany, Sparks, Stewart, Swann, Tidwell, Tindell, Todd, Towns, Turner J, Turner M, Watson, Weaver, White, Williams K, Williams R, Windle, Wirgau, Womick, Mr. Speaker Harwell, Mr. Speaker Naifeh, Mr. Speaker Williams K -- 98.

              HB1332 by Jones S - HOUSE CALENDAR & RULES COMMITTEE:
    Recommended for passage - refer to: House Regular Calendar 1 4/28/2011
              Voice Vote - Ayes Prevail

              HB1332 by Jones S - HOUSE FINANCE, WAYS & MEANS COMMITTEE:
    Recommended for passage - refer to: Calendar & Rules Committee 4/26/2011
              Voice Vote - Ayes Prevail

              HB1332 by Jones S - HOUSE FINANCE, WAYS & MEANS SUBCOMMITTEE:
    Recommended for passage - refer to: Finance, Ways & Means Committee 4/20/2011
              Voice Vote - Ayes Prevail

              HB1332 by Jones S - HOUSE STATE GOVERNMENT COMMITTEE:
    Recommended for passage w/amendments- refer to: Finance, Ways & Means Committee 4/13/2011
              Voice Vote - Ayes Prevail

              HB1332 by Jones S - HOUSE STATE GOVERNMENT SUBCOMMITTEE:
    Recommended for passage w/amendments- refer to: Children and Family Affairs Com 4/5/2011
              Voice Vote - Ayes Prevail

    Senate Floor and Committee Votes

    Senate moved to substitute and conform to HB1332

    HB1332 by Jones S - FLOOR VOTE: THIRD CONSIDERATION 5/16/2011
    Passed
              Ayes...............................................32
              Noes................................................0

              Senators voting aye were: Barnes, Beavers, Bell, Berke, Burks, Campfield, Crowe, Faulk, Finney L, Ford, Gresham, Harper, Haynes, Henry, Herron, Johnson, Kelsey, Ketron, Marrero, McNally, Norris, Overbey, Ramsey, Roberts, Southerland, Stewart, Summerville, Tate, Tracy, Watson, Woodson, Yager, Mr. Speaker McNally, Mr. Speaker Ramsey -- 32.

    SB1150 by Gresham - SENATE JUDICIARY COMMITTEE:
    Recommended for passage w/amendments- refer to: S. Cal. Comm. 5/10/2011
    Passed
              Ayes................................................8
              Noes................................................0

              Senators voting aye were: Barnes, Beavers, Bell, Campfield, Kelsey, Marrero, Overbey, Yager -- 8.