Effective for Petitions filed on or after July 1, 2024, the new notice is:
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).”
