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TN HB1904

Bill

Status

Introduced

1/22/2026

Primary Sponsor

Bryan Terry

Click for details

Origin

House of Representatives

114th General Assembly

AI Summary

  • Establishes Tennessee's Indian Child Welfare Act, granting Indian tribes exclusive jurisdiction over child custody proceedings involving Indian children who reside or are domiciled on reservations, with provisions for transferring off-reservation cases to tribal courts

  • Requires notification to parents, Indian custodians, and tribes by registered mail at least 10 days before foster care placement or termination of parental rights proceedings, with up to 20 additional days granted upon request for preparation

  • Mandates placement preferences for Indian children in adoptive, foster care, and preadoptive placements prioritizing extended family members, tribal members, other Indian families, and tribe-approved foster homes or institutions

  • Requires clear and convincing evidence with qualified expert witness testimony for foster care placements, and evidence beyond a reasonable doubt for termination of parental rights, demonstrating continued custody would cause serious harm to the child

  • Takes effect July 1, 2025, and authorizes the Commissioner of Children's Services to promulgate rules and enter agreements with Indian tribes regarding care, custody, and jurisdictional matters

Legislative Description

AN ACT to amend Tennessee Code Annotated, Title 36 and Title 37, relative to Indian child welfare.

Children

Last Action

Placed on cal. Judiciary Committee for 3/18/2026

3/11/2026

Committee Referrals

Judiciary3/10/2026
Children & Families Subcommittee2/25/2026
Judiciary2/4/2026

Full Bill Text

No bill text available