TennesseeCourts can require care records for certain infants with withdrawal
Judges can require preventive care records for babies under one found dependent and neglected when a doctor diagnoses neonatal abstinence syndrome, a newborn withdrawal condition.
What it does
For babies under one with diagnosed newborn withdrawal and a court finding of dependency and neglect, judges may require care records. Caregivers may face self-paid drug tests if substance misuse is alleged; records alleging abuse or neglect may trigger a welfare visit.
Tennessee's severe child abuse definition and aggravated child abuse law include strangulation. Whether a case qualifies also depends on the other requirements of those laws.
Tennessee's second look commission includes a mental health official and a member experienced in advocating for children. The commission's co-chairs choose the child advocate.
Starting January 1, 2027, Tennessee's second look commission must report its review findings and recommendations to state leaders by July 1, 2027, and annually afterward.
Argument forRequired care records could reveal abuse or neglect allegations, allowing Tennessee's Department of Children's Services to check on vulnerable babies.
Argument againstFor covered babies, caregivers facing substance misuse allegations could bear repeated drug-testing costs alongside court requirements to document preventive care.
More detail
Judges may require caregivers to provide preventive care records and undergo regular drug testing at their own expense. These powers cover babies under one whom a court has found dependent and neglected, and their parents, guardians, or other custodians. A licensed doctor must have diagnosed neonatal abstinence syndrome, a newborn withdrawal condition. Drug testing requires allegations that the caregiver has misused substances. Care records must show compliance with the American Academy of Pediatrics' schedule for preventive care. Tennessee's Department of Children's Services may visit to check the baby if those records contain abuse or neglect allegations. These powers took effect May 19, 2026. Required care records continue until the child turns one.
The law includes strangulation in provisions governing severe child abuse and aggravated child abuse. These provisions concern severe child abuse findings and aggravated child abuse cases in Tennessee. Both provisions use the definition of strangulation in Tennessee Code Section 39-13-102(a)(2). A case must also meet the other requirements of the relevant child abuse law. The strangulation provisions took effect July 1, 2026.
The Tennessee second look commission includes a mental health official and a member experienced in advocating for children. These membership provisions apply to Tennessee's second look commission. The commissioner of mental health and substance abuse services serves or names a representative. The commission's co-chairs appoint the member with experience advocating for children. The membership provisions took effect May 19, 2026.
The Tennessee second look commission must report its review findings and recommendations to state leaders and legislative committees. Reports cover findings and recommendations from the commission's review of a sample of cases. Reports must go to the General Assembly, the governor, the Senate judiciary and health and welfare committees, and the House committee responsible for children. The reporting provision takes effect January 1, 2027. The first report is due no later than July 1, 2027, with annual reports afterward.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- May 26Pub. Ch. 1003Latest
- May 26Effective date(s) 05/19/2026, 07/01/2026, 01/01/2027
- May 19Signed by Governor Bill Lee.Became Law
- May 7Transmitted to Governor for his action.To Governor
- May 5Signed by Senate SpeakerMajor
- Apr 30Signed by H. SpeakerMajor
- Apr 28Enrolled; ready for sig. of H. Speaker.Minor
- Apr 22Received from House, Passed on First ConsiderationMinor
- Vote recorded FLOOR VOTE: Third Consideration 4/22/2026 Passed. Result: pass.Upper
- Apr 22Senate substituted House Bill for companion Senate Bill.Major
- Apr 22Amendment withdrawn. (Amendment 1 - SA0910)
- Apr 22Passed Senate, Ayes 30, Nays 0Passed Senate
- Apr 21H. adopted am. (Amendment 1 - HA0992)Major
- Vote recorded FLOOR VOTE: REGULAR CALENDAR AS AMENDED PASSAGE ON THIRD CONSIDERATION 4/21/2026 Passed. Result: pass.Lower
- Apr 21Sponsor(s) Added.Minor
- Apr 21Passed H., as am., Ayes 86, Nays 2, PNV 0Passed House
- Apr 21Engrossed; ready for transmission to Sen.Minor
- Apr 20
- Vote recorded HOUSE CALENDAR & RULES COMMITTEE: H. Placed on Regular Calendar for 4/20/2026 4/16/2026. Result: fail.Lower
- Apr 17
- Vote recorded HOUSE FINANCE, WAYS, AND MEANS COMMITTEE: Rec. for pass; ref to Finance, Ways, and Means Committee 4/17/2026 Passed. Result: pass.Lower
- Vote recorded HOUSE FINANCE, WAYS, AND MEANS SUBCOMMITTEE: Rec. for pass by s/c ref. to Finance, Ways, and Means Committee 4/17/2026 Passed. Result: pass.Lower
- Apr 16H. Placed on Regular Calendar for 4/20/2026
- Apr 15Placed on s/c cal Finance, Ways, and Means Subcommittee for 4/15/2026
- Apr 15Rec for pass by s/c ref. to Finance, Ways, and Means CommitteeMinor
- Apr 15Placed on cal. Finance, Ways, and Means Committee for 4/15/2026
- Apr 15Rec. for pass; ref to Calendar & Rules CommitteeMinor
- Apr 15Placed on cal. Calendar & Rules Committee for 4/16/2026
- Apr 8Placed behind the budget
- Apr 8Placed on s/c cal Finance, Ways, and Means Subcommittee for 4/14/2026
- Apr 6Rec. for pass; ref to Finance, Ways, and Means CommitteeMinor
- Vote recorded HOUSE GOVERNMENT OPERATIONS COMMITTEE: Rec. for pass; ref to Finance, Ways, and Means Committee 4/6/2026 Passed. Result: pass.Lower
- Apr 6Assigned to s/c Finance, Ways, and Means SubcommitteeMinor
- Apr 6Placed on s/c cal Finance, Ways, and Means Subcommittee for 4/8/2026
- Apr 1Rec. for pass. if am., ref. to Government Operations CommitteeMinor
- Vote recorded HOUSE JUDICIARY COMMITTEE: Rec. for pass. if am., ref. to Government Operations Committee 4/1/2026 Passed. Result: pass.Lower
- Apr 1Placed on cal. Government Operations Committee for 4/6/2026
- Mar 25Rec for pass if am by s/c ref. to Judiciary CommitteeMinor
- Vote recorded HOUSE CRIMINAL JUSTICE SUBCOMMITTEE: Rec for pass if am by s/c ref. to Judiciary Committee 3/25/2026 Passed. Result: pass.Lower
- Mar 25Placed on cal. Judiciary Committee for 4/1/2026
- Mar 18Placed on s/c cal Criminal Justice Subcommittee for 3/25/2026
- Feb 4P2C, ref. to Judiciary Committee - Government Operations for ReviewMinor
- Feb 4Assigned to s/c Criminal Justice SubcommitteeMinor
- Feb 2Intro., P1C.Minor
- Jan 23Filed for introductionIntroduced
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