TennesseeCourts may extend some children's custody for treatment or staff assaults
Starting July 1, 2026, courts must limit some children's custody to the time needed for treatment, while a task force reviews care gaps for other children in custody.
What it does
Starting July 1, 2026, children placed in department custody under specified laws may stay only as long as needed for evidence-based treatment or services, up to six months. A court may allow up to six more months in limited circumstances.
Starting July 1, 2026, the court must tell a child at commitment that assaulting staff at the child's residential placement may extend the commitment.
The Department of Children's Services must create a task force to review care gaps for certain children in its custody and recommend changes. Its report is due by February 1, 2027.
Argument forChildren who need treatment available only in custody could get time to complete evidence-based care from a qualified provider.
Argument againstA child who assaults residential staff could stay in custody up to six months longer, even without a separate delinquency finding for assault.
More detail
A child must remain in department custody only as long as needed to complete treatment or services, up to six months. This applies to children placed in department custody under the provisions named in Sections 1, 2, and 4. Treatment or services must be evidence-based and provided by a qualified provider. After a hearing or stipulation, the court may allow up to six more months if needed care is available only in custody and meets those standards, or if the child assaulted staff at the residential placement. For an extension based on assault, the child need not have a separate delinquency finding for assault. These rules take effect July 1, 2026.
When committing a child to department custody, the court must tell the child that assaulting residential staff may extend the commitment. This applies when a court commits a child to department custody. This requirement takes effect July 1, 2026.
The Department of Children's Services must create a task force to review system problems and service gaps and recommend improvements. The task force covers children found dependent and neglected and placed in department custody who also face pending delinquency allegations, have been found unable to take part in a delinquency case, or have shown violent behavior that could amount to a delinquent offense. The task force must review data, recommend ways to improve care and court processes, and identify needed legal or procedural changes. It may review confidential information, but must not review information that would directly or indirectly identify a child or family. Information it reviews remains confidential. The department must send a report with findings and short- and long-term recommendations to the governor and specified legislative leaders. This section took effect when the act became law. The report is due by February 1, 2027, and the task force ends when it files the report.
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Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- May 27Pub. Ch. 1102Latest
- May 27Effective date(s) 05/22/2026, 07/01/2026
- May 22Signed by Governor Bill Lee.Became Law
- May 11Transmitted to Governor for action.To Governor
- May 7Signed by H. SpeakerMajor
- Apr 30Signed by Senate SpeakerMajor
- Apr 29Enrolled and ready for signaturesMinor
- Apr 21Subst. for comp. HB.Major
- Vote recorded FLOOR VOTE: REGULAR CALENDAR PASSAGE ON THIRD CONSIDERATION 4/21/2026 Passed. Result: pass.Lower
- Vote recorded FLOOR VOTE: REGULAR CALENDAR PREVIOUS QUESTION PASSAGE ON THIRD CONSIDERATION 4/21/2026 Passed. Result: pass.Lower
- Apr 21Am. withdrawn. (Amendment 1 - HA1001)Minor
- Apr 21Passed H., Ayes 59, Nays 25, PNV 4Passed House
- Apr 20Rcvd. from S., held on H. desk.
- Apr 15Senate adopted Amendment (Amendment 1 - SA0640)
- Vote recorded FLOOR VOTE: as Amended Third Consideration 4/15/2026 Passed. Result: pass.Upper
- Apr 15Amendment tabled (Amendment 2 - SA1048)Minor
- Apr 15Passed Senate as amended, Ayes 22, Nays 11Passed Senate
- Apr 15Sponsor(s) Added.Minor
- Apr 15Engrossed; ready for transmission to HouseMinor
- Apr 13Placed on Senate Regular Calendar for 4/15/2026
- Mar 31Recommended for passage, refer to Senate Calendar Committee
- Vote recorded SENATE FINANCE, WAYS AND MEANS COMMITTEE: Recommended for passage, refer to Senate Calendar Committee 3/31/2026 Passed. Result: pass.Upper
- Mar 31Sponsor(s) Added.Minor
- Mar 24Placed on Senate Finance, Ways, and Means Committee calendar for 3/31/2026
- Mar 10Recommended for passage with amendment/s, refer to Senate Finance, Ways, and Means Committee Ayes 6, Nays 3 PNV 0
- Vote recorded SENATE JUDICIARY COMMITTEE: Recommended for passage with amendment/s, refer to Senate Finance, Ways, and Means Committee Ayes 6, Nays 3 PNV 0 3/10/2026 Passed. Result: pass.Upper
- Mar 9Action deferred in Senate Judiciary Committee to 3/10/2026
- Mar 9Placed on Senate Judiciary Committee calendar for 3/10/2026
- Mar 4Placed on Senate Judiciary Committee calendar for 3/9/2026
- Mar 2Sponsor(s) Added.Minor
- Feb 2Passed on Second Consideration, refer to Senate Judiciary CommitteeMinor
- Jan 22Introduced, Passed on First ConsiderationMinor
- Jan 21Filed for introductionIntroduced
Criminal JusticeMental Health