Each year, Tennessee’s government enacts legislation and laws that changes the legal landscape across the state. The new laws range from slight adjustments and clarifications to rather monumental changes. Most of these laws go into effect in July 2021, while others are already valid, so keep them in mind as the year unfolds.

There were a number of laws enacted that make adjustments to existing rules for Child Custody and Parental rights. They address a variety of factors, including the following:

In addition to the above new laws governing Child Custody in Tennessee, there are a couple of more general protection laws passed.

  • SB270/HB389: Submission of medical records of adopted child. This law is a measure to protect adopted children from abuse. It requires adoptive parents who receive financial adoption assistance from the government to confirm their child’s wellbeing by submitting medical records from their child’s annual physical, proof of full-time school enrollment or other verification method.
  • SB621/HB434 : Creates lifetime order of protection. Allows for an issuance of a lifetime order of protection to a victim of certain felony offenses.
  • SB327/HB384: Evelyn Boswell’s Law.If a parent does not report a child under their charge and care as missing to a law enforcement agency or the TBI within 24 hours of discovering that the child is missing, they can be charged with a Class A misdemeanor.

If you have any questions regarding any of these laws or find yourself in a situation to which they might apply, call the attorneys of McKeehan Law Group to schedule a free consultation at (865) 294-8008.

SUMMARIES FROM THE STATE OF TENNESSEE: 2021 FAMILY LAW 

(Click here for the full official list of new Tennessee laws from which the following were pulled.)

Parental Rights and Child Custody:

SB205/HB200 – Termination of parental rights.

Sponsors:    Sen. Haile, Ferrell , Rep. Carter, Mike

Summary:    Requires courts consider relevant and child centered factors applicable to the particular case before the court. Clarifies that the court is not required to consider all factors and may consider relevant factors other than those listed.

Fiscal Note: (Dated January 26, 2021) NOT SIGNIFICANT

Senate Status: 03/25/21 – Senate passed.

House Status: 04/08/21 – House passed.

Executive Status:    04/26/21 – Enacted as Public Chapter 0190 effective April 22, 2021.

SB274/HB326 – Removal of custody rights for parent convicted of statutory rape.

Sponsors:    Sen. Rose, Paul , Rep. Moody, Debra

Summary:    Removes custody, visitation, or inheritance rights for a parent who has been convicted of statutory rape, aggravated statutory rape, statutory rape by an authority figure, or lesser included offenses of rape, from which crime the child was conceived.

Fiscal Note: (Dated January 23, 2021) NOT SIGNIFICANT

Senate Status: 03/01/21 – Senate passed.

SB750/HB765 – Adjustment of child support orders.

Sponsors:    Sen. Johnson, Jack , Rep. Lamberth, William

Summary:    Removes the requirement that the significant variance amount established by the department provide the lower threshold for modification of child support orders for low-income persons and allows the department to review and seek an adjustment of an obligation once aware of a change in circumstances for a party to a Title IV-D child support case.

Fiscal Note: (Dated February 24, 2021) NOT SIGNIFICANT

Senate Status: 04/05/21 – Senate passed.

House Status:  03/22/21 – House passed.

Executive Status:    04/26/21 – Enacted as Public Chapter 0227 effective July 1, 2021.

SB1366/HB237 – Written findings of fact and conclusions of law to support a custody arrangement or parenting plan.

Sponsors:    Sen. Bell, Mike , Rep. Littleton, Mary

Summary:    Requires a court to include written findings of fact and conclusions of law to support a custody arrangement or parenting plan, unless both parents have agreed. Requires the department of children’s services to consider a child’s other natural or adoptive parent before considering any other relative when placing a child who has been removed from one parent’s home.

Amendment Summary: House amendment 1 (006842) removes the public policy statement in the bill that specifies the it is the public policy of the state to maximize the participation of both parents pursuant to present law. Adds that a child’s other natural or adoptive parent will not be eligible for the kinship foster care program or any payments for kinship foster care under the program. This amendment also adds to the bill and revises the present law provision defining of abandonment for the purposes of terminating the parental or guardian rights of a parent or parents or a guardian or guardians of a child in order to make that child available for adoption.

Present law provides that abandonment means, among other things, that a child, as a newborn infant aged 72 hours or less, was voluntarily left at a facility by such infant’s mother, the mother failed to visit or seek contact with the infant for a period of 30 days after delivery, and for a period of 30 days after notice was given and no less than 90 days cumulatively, the mother failed to seek contact with the infant through the department or to revoke her voluntary delivery of the infant. This amendment changes the applicable age of the infant from “72 hours or less” to “two weeks or younger.”

Fiscal Note: (Dated February 2, 2021) NOT SIGNIFICANT

Senate Status: 04/22/21 – Senate passed.

House Status:  04/19/21 – House passed with amendment 1 (006842).

Executive Status:    05/04/21 – Signed by governor.

SB1388/HB1168 – Determining custody of a child based off of a parent’s disability.

Sponsors:    Sen. Kyle, Sara , Rep. Harris, Torrey

Summary:    Establishes that the disability of a parent cannot be the sole factor considered by the court when determining custody of the child unless the disability impacts the parent’s ability to meet the child’s needs. Specifies that the disability of a parent or guardian cannot be the sole factor considered by the court in a termination of parental rights proceeding unless it impacts the parent’s ability to meet the child’s needs or the psychological welfare of the child. Broadly captioned.

Fiscal Note: (Dated March 4, 2021) NOT SIGNIFICANT

Senate Status:         04/05/21 – Senate passed.

House Status:          03/29/21 – House passed.

Executive Status:    04/26/21 – Enacted as Public Chapter 0235 effective July 1, 2021

Protection:

SB270/HB389 – Submission of medical records of adopted child.

Sponsors:    Sen. Yager, Ken , Rep. Littleton, Mary

Summary:    Requires the department of children’s services to require a person receiving federal or state-funded adoption assistance from the department for adopting a child to submit medical records from the adopted child’s annual physical examination, full-time school enrollment, or other verification of the child’s well-being. Specifies that the department may initiate a visit to ascertain the well-being of the child if the person fails to provide the required documentation.

Amendment Summary:      Senate amendment 1 (004174) allows a person receiving adoption assistance to provide the department with verification from the adopted child’s current medical or mental health professional provider or verification of full-time school enrollment from the school the child attends. This amendment specifies that the verification forms must not require any records from those providing the verification.

Fiscal Note: (Dated February 19, 2021) NOT SIGNIFICANT

Senate Status: 03/11/21 – Senate passed with amendment 1 (004174).

House Status: 04/05/21 – House passed.

Executive Status:    04/26/21 – Enacted as Public Chapter 0163 effective July 1, 2021.

SB621/HB434 – Creates lifetime order of protection.

Sponsors: Sen. Bell, Mike , Rep. Lamberth, William

Summary:    Permits service of ex parte orders of protection for up to one year from issuance. Creates a lifetime order of protection that can be issued to a victim of certain felony offenses, which prohibits the respondent from coming about the petitioner for any purpose, from telephoning, contacting, or otherwise communicating with the petitioner, directly or indirectly.

Amendment Summary:      Senate amendment 1 (003874) deletes language of the original bill without making any substantive changes to the legislation.

Fiscal Note: (Dated February 19, 2021) NOT SIGNIFICANT

Senate Status: 03/11/21 – Senate passed with amendment 1 (003874).

House Status:  03/15/21 – House passed.

Executive Status:    04/06/21 – Enacted as Public Chapter 0060 effective July 1, 2021.

 SB327/HB384 – Evelyn Boswell’s Law. 

Sponsors: Sen. Lundberg, Jon , Rep. Crawford, John

Summary: Enacts the “Evelyn Boswell Law,” which requires a parent who knows, learns, or believes that a child under the parent’s charge and care is missing to report the child as being missing to a law enforcement agency or the TBI within 24 hours of determining that the child is missing. Specifies that failure to report a missing child is a Class A misdemeanor. 

Fiscal Note: (Dated January 25, 2021) NOT SIGNIFICANT 

Senate Status: 03/22/21 – Senate passed. 

House Status: 03/25/21 – House passed. 

Executive Status: 04/12/21 – Enacted as Public Chapter 0107 effective July 1, 2021.