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TN HB1904
Bill
Status
1/22/2026
Primary Sponsor
Bryan Terry
Click for details
AI Summary
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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
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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
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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
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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
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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