Bill regarding Termination of Parental Rights

08 March 2012 Categories: Uncategorized

Bill regarding Termination of Parental Rights

The Tennessee Legislature is considering a bill that would amend the termination of parental rights. The bill’s language is copied below.

The summary of the bill is:

This bill revises one of the grounds for which an action for the termination of parental or guardianship rights may be initiated.

Under present law, initiation of an action for the termination of parental or guardianship rights may be based upon various grounds, including if the child has been removed from the home of the parent or guardian by order of a court for six months and:

(1) The conditions that led to the child’s removal, or other conditions that in all reasonable probability would cause the child to be subjected to further abuse or neglect and that, therefore, prevent the child’s safe return to the care of the parent or guardian, still persist;
(2) There is little likelihood that these conditions will be remedied at an early date so that the child can be safely returned to the parent or guardian in the near future; and
(3) The continuation of the parent or guardian and child relationship greatly diminishes the child’s chances of early integration into a safe, stable and permanent home.

This bill rewrites the above ground, and instead specifies that it would be grounds for the initiation of an action for the termination of parental or guardianship rights if the child has been placed outside of the care, custody, or control of the child’s parent or guardian by a court order for six months and the parent or guardian knows or should know of the court-ordered placement, yet fails to remedy the persistent conditions that preclude the child’s safe placement with the parent or guardian.

HOUSE BILL 2338
By McCormick
AN ACT to amend Tennessee Code Annotated, Section 36-1-113, relative to termination of parental rights.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 36-1-113, is amended by deleting subsection (g)(3) in its entirety and by substituting instead the following:
(3) The child has been placed outside of the care, custody, or control of the child’s parent or guardian by any court order, preliminary or otherwise, for a period of six (6) months and the parent or guardian knows or should know of such court-ordered placement yet fails to remedy the persistent conditions in his or her life that preclude the child’s safe placement with the parent or guardian;
SECTION 2. This act shall take effect on July 1, 2012, the public welfare requiring it

Comments are closed.