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Bill That Terminates Tennessee Parental Rights After “Substantial Non-Compliance” Passes House Subcommittee By Voice Vote

March 6, 2024

Image Credit: capitol.tn.gov

The Tennessee Conservative [By Paula Gomes] –

A bill aimed at terminating parental rights after “substantial non-compliance” passed the Children & Family Affairs Subcommittee led by Chair Mary Littleton yesterday by a voice vote.

House Bill 1808 (HB1808) sponsored by Representative Ed Butler (R-Rickman-District 41) was amended in the subcommittee to match what was passed by the Senate last week.

The amendment states that the Department of Children’s Services (DCS) must file a petition to terminate parental rights within 90 days of a juvenile court finding that there has been substantial non-compliance of a permanency plan by the parent or guardian.

The corresponding Senate Bill 2660 (SB2660) sponsored by Senator Dawn White (R-Murfreesboro-District 13) has already passed the Senate and is only a few steps away from becoming a law that would take effect July 1st.

There is no clear statutory definition for what entails “substantial non-compliance” and legal services yesterday said it would be up to the courts to define the term.

Butler said that a juvenile judge brought the bill to him, citing examples of children being “bounced back and forth” between state custody and their parents, and a situation in Butler’s district where an order to terminate parental rights had still not been completed after 13 months.

Chair Mary Littleton (R-Dickson-District 68) chose to use a voice vote to hide the voting records of subcommittee members from public scrutiny. We can only assume that Representative Littleton supports this bill and is responsible for its passage. As chair of the subcommittee, Littleton could have used a transparent roll call vote but opted for a voice vote to shield subcommittee members and herself from accountability.

According to a statement made by Representative Jody Barrett (R-Dickson-District 69) on the Mill Creek View Tennessee Podcast all that is necessary for a legislator to have their voice vote recorded is to simply give a thumbs up or a thumbs down to the clerk. It is very easy then for legislators to put their vote on the record for transparency with their constituents if they so choose.

At least one no vote can be heard from the audio of the proceedings, presumably from Representative Torrey Harris (D-Memphis-District 91) who told Butler that he could not support the bill. (Democrat Representatives Harris and Jernigan were later recorded as having voted no on the General Assembly’s website.)

HB1808 will now go to the Civil Justice Committee for a vote. If you wish to share your thoughts on the proposed legislation with members of the committee, their contact information is as follows:

Chair Andrew Farmer (R) – rep.andrew.farmer@capitol.tn.gov (615) 741-4419

Vice-Chair Darren Jernigan (D) – rep.darren.jernigan@capitol.tn.gov (615) 741-6959

Rush Bricken (R) – rep.rush.bricken@capitol.tn.gov (615) 741-7448

Gino Bulso (R) – rep.gino.bulso@capitol.tn.gov (615) 741-6808

Kip Capley (R) – rep.kip.capley@capitol.tn.gov (615) 741-2190

Rick Eldridge (R) – rep.rick.eldridge@capitol.tn.gov (615) 741-6877

Ron Gant (R) – rep.ron.gant@capitol.tn.gov (615) 741-6890

Johnny Garrett (R) – rep.johnny.garrett@capitol.tn.gov (615) 741-3893

Rusty Grills (R) – rep.rusty.grills@capitol.tn.gov (615) 741-0718

Torrey Harris (D) – rep.torrey.harris@capitol.tn.gov (615) 741-2239

William Lamberth (R) – rep.william.lamberth@capitol.tn.gov (615) 741-1980

Mary Littleton (R) – rep.mary.littleton@capitol.tn.gov (615) 741-7477