T.C.A. § 36-1-113 (f)

(1) A parent or guardian who is incarcerated at the time the parent is served with a petition to terminate parental rights shall receive notice that:

(A) A hearing will be held to determine whether the parent’s rights will be terminated;

(B) If the parent files a timely, written answer within thirty (30) days of service of the petition to terminate their parental rights, then:

(i) The parent must receive advance notice of the time and place of the hearing;

(ii) The parent has the right to participate in the hearing and to contest the allegation that the parent’s rights should be terminated. At the discretion of the court, such participation may be achieved through personal appearance, teleconference, telecommunication, or other means deemed by the court to be appropriate under the circumstances;

(iii) The parent may claim to be indigent and offer evidence of their financial circumstances and, if the court finds the parent to be indigent, the parent must be provided with a court-appointed attorney to assist the parent in contesting the termination of parental rights;

(iv) The parent has the right to offer testimony and other evidence at the hearing by all means permitted by the Tennessee Rules of Civil Procedure; and

(v) The parent has the continuing responsibility to update the court and petitioner’s counsel with the parent’s current contact information and mailing address promptly upon the parent’s release from incarceration and upon any subsequent changes; and

(C) The rights specified in subdivision (f)(1)(B) may be voluntarily waived by the parent’s written or verbal statement or, if the court determines that the parent has waived the rights specified in subdivision (f)(1)(B), by the parent’s action or inaction, including the failure to timely claim indigency or file an answer to the petition to terminate parental rights. If the court determines that the rights specified in subdivision (f)(1)(B) have been waived, then the court may hear and decide the petition without the parent’s or guardian’s participation.

If the incarcerated respondent does not participate, ask the court to make that determination with language such as:

“Respondent, (incarcerated birth parent) received the notice required by 36-1-113(f). (Incarcerated respondent) did not file an answer, or an affidavit of indigency, and has not otherwise informed this Court of a desire or intention to participate in this action. Therefore, this Court finds that (incarcerated respondent) has waived the rights provided to incarcerated respondents under 36-1-1113(f).”

Big addition to foster parent’s right to participate in hearings.

T.C.A. §  37-2-415 (a)(17) – (Public Chapter 263)
For some time, the court has been required to promptly notify foster parents of all court hearings regarding their foster child. They are permitted to attend “at the discretion of the court” which means unless the judge doesn’t want them to.

The new provision says, “A foster parent who has served as the physical placement of the child for a period of nine (9) months or more shall be permitted to appear and actively participate in any permanency hearing or dispositional hearing for the child with regard to the best interest of the child.”

Now there is a right to “actively participate”.

T.C.A. §  37-2-416 – (Public Chapter 263)

(a) “The department shall notify the foster parents, if any, or any prospective adoptive parent or relative providing care for the child in state custody with notice of any review or hearing to be held with respect to the child. The foster parents, if any, of such a child and any prospective adoptive parent or relative providing care for the child shall be provided with notice of the right to be heard in any review or hearing to be held with respect to the child, except that this section shall not be construed to require that any foster parent, prospective adoptive parent, or relative providing care for the child who has served as the physical placement for the child for a period of fewer than nine (9) continuous months be made a party to such review or hearing solely on the basis of such notice and right to be heard.
(b) Any foster parent who has served as the physical placement for the child for a period of nine (9) or more continuous months shall be permitted to appear for the sole purpose of presenting evidence with regard to the best interests of the child.
(c) At each hearing, the court shall determine whether the department has complied with this section.”  

After the child is in the foster parents’ care for 9 months the foster parents have a right to present best interest evidence.

Judges are just learning about these new rights.  As of this post, these changes are not yet in the online version of the Code.  For a while, the judge may not call on you.  You may need to stand up and respectfully ask to be recognized.  You can share a copy of this post with your social worker, GAL, Department lawyer or court staff as necessary to be recognized. 

© Dawn Coppock 7.13.2023

– TBA Journal – July / August 2021

Click above to play the legislative advocacy video.

Sample legislator letter below:

Dear Senator (or Representative) Schmo:

I live in XXXX (If you live in the lawmaker’s district). I am an attorney/adoptive parent/ environmental engineer/teacher/go to church with your brother (or anything that is topically relevant or establishes why you are interested or how they might know you.) I am concerned about/or strongly support HB 000 SB 000, because…… (Be specific. Use examples of how this bill would help or hurt the applicable situation and what you want or worry will happen.)

Thank you for your sponsorship or support and your leadership on this issue.
or
I would like you to oppose this bill when it comes before you for a vote.
or 
I would like you to co-sponsor the bill and support it when it comes before you for a vote.

I appreciate your (service/leadership/willingness to consider my point of view/or whatever fits your situation).

Sincerely,

Full name
address
phone number

RESOURCES

Tennessee General Assembly
Tennessee Blue Book
Tennessee Code

Many psychological professionals, foster parents and lawyers have observed that Tennessee’s “best interest of the child” factors are oddly weighted in favor of the birth parent and not the child. The current factors don’t place much weight on the child’s need for continuity and stability, the child’s emotional attachments, the child’s fear of a birth parent,  or a birth parent’s delay in working toward reunification.

This summer and fall, a group of Tennessee Bar Association members who practice adoption law hammered out more child centered factors. The proposed factors take into account modern science regarding the needs of children, particularly children who have experienced trauma, disruption and medical insults like prenatal drug exposure. I was privileged to work on this project. A number of psychological professionals provided input as well.

 The product is now a bill before the Tennessee legislature, HB200/SB205.

You can follow the progress of the bill through my blog: https://dawncoppock.com/blog/ and also on the Tennessee General Assembly website, http://www.legislature.state.tn.us/ 

I am excited about this bill. Read a copy here:  http://www.capitol.tn.gov/Bills/112/Bill/HB0200.pdf

If you want to read the current law and the proposed changes comparatively, you will find the current best interest of the child factors at T.C.A. 36-1-113(i):

T.C.A. 36-1-111(i) In determining whether termination of parental or guardianship rights is in the best interest of the child pursuant to this part, the court shall consider, but is not limited to, the following:

(1) Whether the parent or guardian has made such an adjustment of circumstance, conduct, or conditions as to make it safe and in the child’s best interest to be in the home of the parent or guardian;

(2) Whether the parent or guardian has failed to effect a lasting adjustment after reasonable efforts by available social services agencies for such duration of time that lasting adjustment does not reasonably appear possible;

(3) Whether the parent or guardian has maintained regular visitation or other contact with the child;

(4) Whether a meaningful relationship has otherwise been established between the parent or guardian and the child;

(5) The effect a change of caretakers and physical environment is likely to have on the child’s emotional, psychological and medical condition;

(6) Whether the parent or guardian, or other person residing with the parent or guardian, has shown brutality, physical, sexual, emotional or psychological abuse, or neglect toward the child, or another child or adult in the family or household;

(7) Whether the physical environment of the parent’s or guardian’s home is healthy and safe, whether there is criminal activity in the home, or whether there is such use of alcohol, controlled substances or controlled substance analogues as may render the parent or guardian consistently unable to care for the child in a safe and stable manner;

(8) Whether the parent’s or guardian’s mental and/or emotional status would be detrimental to the child or prevent the parent or guardian from effectively providing safe and stable care and supervision for the child; or

(9) Whether the parent or guardian has paid child support consistent with the child support guidelines promulgated by the department pursuant to § 36-5-101.

The “First in Adoption” Bill (HB 1856 Carter/SB 1851 Haile) passed the House Civil Justice Subcommittee last week and is scheduled for a hearing before the full house committee tomorrow, Tues. March 27, 2018 at 3:00 CST.

If this is the first bill you have followed or if your children are using this bill to learn about the state legislative process, I’ll offer the “CliffNotes” version here.

More information is available for adults and older students on the legislative website. http://www.capitol.tn.gov/about/billtolaw.html

A Tennessee State Legislative Student Activity Book is targeted toward school-aged children. It has a map of Senate districts with Senators’ names, a one-page chart of the path of a bill, word games and coloring pages. http://www.capitol.tn.gov/homework/

You can watch committee hearings and floor votes in real-time and later on video. You can find these video broadcasts using the bill number. http://www.legislature.state.tn.us/ You can also use the site to find your legislators, using your address, and to track the progress of a bill.

As I said in my last blog, you cannot use the site to read the amended versions of bills. Usually, you get amended versions by calling or emailing the office of the sponsor or committee chair. But for this bill there is a link to the full amended version on my website. https://dawncoppock.com/legislative-update/

Similar to the federal system, in Tennessee, bills must pass the House and the State Senate before they are presented to the executive branch, the Governor, for signature. Here are the key points to watch:

Tomorrow, the bill is set for a vote before the full House Civil Justice Committee. You can find the members of that committee at: http://www.capitol.tn.gov/House/committees/civil-justice.html The bill passed the Civil Justice Sub-committee last week. If it passes the full committee, it will soon go to the House floor for a vote of the full House membership. 50 votes are required for a bill to pass on the floor of the Tennessee State House. When the bill receives final approval on the House floor, the House approval process is done.

In the Senate, “The First in Adoption” bill is “On Notice” in the Senate Judiciary Committee, which means the committee is notified that the bill may soon be placed on the Senate Committee calendar for a vote as well. You can find a list of the Senate Judiciary committee members here: http://www.capitol.tn.gov/senate/committees/judiciary.html There is no subcommittee to the Senate Judiciary committee. It is not on the Senate Judiciary Committee calendar for this week’s meeting, which will also be held tomorrow. When the bill receives a vote in the Senate Judiciary Committee, if it passes, the next milestone will be the Senate floor. 17 votes are required for a bill to pass on the Tennessee State Senate floor.

If the bill passes through the House and Senate processes, the final step is signature by Governor Haslam.

Stay tuned for more updates.