Tennessee HB 1098: Children's Services, Dept. of - As introduced, removes the requirement that a delinquent or unruly child committed to the custody of the department for an indefinite time remain in custody for no longer than six months in absence of certain circumstances; requires a delinquent or unruly child committed to the custody of the department for an indefinite time to remain in the department's custody until discharge or other placement is warranted by the child's response to evidence-based services and programs or so long as necessary to receive evidence-based treatment or services provided by a qualified provider. - Amends TCA Title 37.

Bill Text

SENATE BILL 957
By Lamar

HOUSE BILL 1098
By Parkinson

HB1098
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AN ACT to amend Tennessee Code Annotated, Title 37,
relative to juveniles.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 37-1-137, is amended by deleting
subdivision (b)(1) and substituting:
(1) Subject to subsection (c), a delinquent child committed to the custody of the
department for an indefinite time must be discharged or placed on home placement
supervision when the department determines that such discharge or placement is
warranted by the child's response to evidence-based services and programs addressing
a treatment need identified by the previously administered validated risk and needs
assessment, unless:
(A) The child is alleged to have committed a new delinquent act; or
(B) The child is alleged to be an escapee from a secure juvenile facility or
institution.
SECTION 2. Tennessee Code Annotated, Section 37-1-137, is amended by deleting
subdivision (f)(3)(B) and substituting:
(B) A child placed in the custody of the department under this subdivision (f)(3)
must remain in custody so long as necessary to receive the treatment or services, which
must be evidence-based and provided by a qualified provider.
SECTION 3. Tennessee Code Annotated, Section 37-1-132, is amended by deleting
subdivision (b)(1)(B)(ii) and substituting:

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(ii) A child placed in the custody of the department under this subdivision
(b)(1)(B) must remain in custody so long as necessary to receive the treatment or
services, which must be evidence-based and provided by a qualified provider.
SECTION 4. Tennessee Code Annotated, Section 37-1-132, is amended by deleting
subdivision (b)(5) and substituting:
(5) Subject to subdivision (b)(6), an unruly child committed to the department
under subdivision (b)(1)(A) for an indefinite time must be discharged or placed on home
placement supervision when the department determines that such discharge or
placement is warranted by the child's response to evidence-based services and
programs addressing a treatment need identified by the previously administered
validated risk and needs assessment, unless:
(A) The child is alleged to have committed a new delinquent act; or
(B) The child is alleged to be an escapee from a secure juvenile facility or
institution.
SECTION 5. Tennessee Code Annotated, Section 37-1-132, is amended by deleting
subdivision (c)(5)(C)(ii) and substituting:
(ii) A child placed in the custody of the department under this subdivision
(c)(5)(C) must remain in custody so long as necessary to receive the treatment or
services, which must be evidence-based and provided by a qualified provider.
SECTION 6. Tennessee Code Annotated, Section 37-1-131, is amended by deleting
subdivision (a)(2)(A)(v)(c)(2) and substituting:
(2) A child placed in the custody of the department under this subdivision
(a)(2)(A)(v)(c) must remain in custody so long as necessary to receive the treatment or
services, which must be evidence-based and provided by a qualified provider;

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SECTION 7. Tennessee Code Annotated, Section 37-1-131, is amended by deleting
subdivision (a)(4)(B)(iii)(b) and substituting:
(b) A child placed in the custody of the department under this subdivision
(a)(4)(B)(iii) must remain in custody so long as necessary to receive the treatment or
services, which must be evidence-based and provided by a qualified provider;
SECTION 8. This act takes effect July 1, 2023, the public welfare requiring it, and
applies to children committed to the custody of the department on or after that date.