Image Credit: Governor Bill Lee / Facebook
The Tennessee Conservative Staff –
Governor Bill Lee signed legislation Thursday that will require the Department of Children’s Services to expedite the termination of parental rights for “substantial non-compliance.”
The new law states that the Department is required to file a petition for the termination of parental rights within 90 days if parents of children in foster care are not compliant with the terms outlined in the permanency plan created in the case.
It will then be up to a juvenile court judge to determine if there was “substantial non-compliance.”
House Representative Ed Butler (R-Rickman-District 41), sponsor of House Bill 1808 (HB1808), stated before the House that the legislation was intended to “fix a gap in the system” by eliminating the back-and-forth process experienced by children when parents are not complying with what they are asked to do.
Critics have expressed concern over the subjective language of the bill, with no clear statutory definition of “substantial non-compliance.”
Another troubling aspect is that the new law will reduce the amount of time that parents have to make progress in their case from almost 2 years down to six months. Opponents argue that this will “accelerate taking kids” instead of working to return them to their parents, leaving more kids in the foster care system long-term.
This could prove detrimental in cases where parents have been falsely accused or assessed by DCS, especially after last year’s new legislation signed by Governor Lee, increasing parents’ chances of being criminalized by DCS based on anonymous allegations.
Governor Lee could have vetoed the law; however, he has never used that power during his tenure as Governor.
