Top Legislation - View All
Latest Action: 04/17/2007 - Taken Off Notice For Calendar in Subcommittee Family Justice of C&FA of Children and Family Affairs Committee Bill TextAdoption - Clarifies that no court, including an appellate court, has jurisdiction to overturn an order terminating parental rights more than one year after the date that the order was filed by the trial court. - Amends TCA Section 36-1-113. Fiscal Summary for HB0166 / *SB0188 Increase State Expenditures - Not Significant
Latest Action: 04/17/2007 - Taken Off Notice For Calendar in Subcommittee Family Justice of C&FA of Children and Family Affairs Committee Bill TextCompanion Bill SB0636. Adoption - Clarifies that a parent who attempts to support or visit a child or who files a petition to gain custody of a child has not abandoned a child for purposes of termination of parental rights; clarifies that an order terminating parental rights may be overturned on appeal if the appeal was timely filed notwithstanding the one-year statute of repose. - Amends TCA Title 36, Chapter 1, Part 1. Fiscal Summary for *HB0423 / SB0636Increase State Expenditures - $1,300,200 Other Fiscal Impact - Increase Federal Expenditures - $721,300 Bill Summary for *HB0423 / SB0636 Under present law, abandonment is grounds for terminating a person's parental or guardian rights to a child in order to make that child available for adoption. Present law considers the following to be abandonment: for a period of four consecutive months [...] show full description
Latest Action: 02/06/2008 - Withdrawn. Bill TextAdoption - Clarifies that no court, including an appellate court, has jurisdiction to overturn an order terminating parental rights more than one year after the date that the order was filed by the trial court. - Amends TCA Section 36-1-113. Fiscal Summary for *SB0188 / HB0166 Increase State Expenditures - Not Significant
Latest Action: 02/12/2007 - Passed second consideration, Referred to Senate Jud Comm. Bill TextCompanion Bill HB0423. Adoption - Clarifies that a parent who attempts to support or visit a child or who files a petition to gain custody of a child has not abandoned a child for purposes of termination of parental rights; clarifies that an order terminating parental rights may be overturned on appeal if the appeal was timely filed notwithstanding the one-year statute of repose. - Amends TCA Title 36, Chapter 1, Part 1. Fiscal Summary for SB0636 / *HB0423Increase State Expenditures - $1,300,200 Other Fiscal Impact - Increase Federal Expenditures - $721,300 Bill Summary for SB0636 / *HB0423 Under present law, abandonment is grounds for terminating a person's parental or guardian rights to a child in order to make that child available for adoption. Present law considers the following to be abandonment: for a period of four consecutive months [...] show full description
Latest Action: 06/26/2007 - Public Chapter 442 Bill TextCompanion Bill SB1705. Child Custody and Support - Requires self-employed child support obligors to establish a bank account for deposit of child support funds and allows the department of human services to retrieve those funds by automatic bank withdrawal on a periodic basis; establishes other provisions regarding such accounts and imposes penalty for noncompliance. - Amends TCA Section 36-5-501. Fiscal Summary for *HB0094 / SB1705 Increase State Expenditures - Not Significant Bill Summary for *HB0094 / SB1705 Under present law, if a parent becomes an obligor under a child support order, and if the court orders an immediate income assignment, then the department of human services ,or its contractor in Title IV-D cases, must immediately issue an income assignment to an employer once the employer of an obligor has been identified. This assignment [...] show full description
Latest Action: 03/12/2008 - Taken Off Notice For Calendar in: Children and Family Affairs Committee Bill TextChild Custody and Support - Clarifies that, for purposes of child support enforcement, social security numbers held by the department of human services are not public records, that the gross annual income of a party is determined by reference to the most recent federal tax return, and that an individual has 15 days following a change in circumstances to report such information to the department. - Amends TCA Title 36. Fiscal Summary for *HB0399 / SB0937 Increase State Expenditures - Not Significant
Latest Action: 05/15/2007 - Public Chapter 91 Bill TextChild Custody and Support - Requires the child support guidelines to be reviewed by the department of human services every three years and further requires the department to make reports regarding the child support guidelines to the supreme court, house children and family affairs committee, and senate general welfare committee. - Amends TCA Section 36-5-101. Fiscal Summary for *HB0400 / SB0577Increase State Expenditures - Not Significant
Latest Action: 04/30/2007 - Companion Senate Bill Substituted Bill TextCompanion Bill SB1158. Child Custody and Support - Prohibits a court from determining that a parent who is partially or completely unemployed in order to care for a child under six years of age is willfully or voluntarily unemployed or underemployed for the purpose of determining child support. - Amends TCA Title 36, Chapter 5. Fiscal Summary for *HB0401 / SB1158 Increase State Expenditures - Not Significant Bill Summary for *HB0401 / SB1158 ON APRIL 19, 2007, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1158, AS AMENDED. AMENDMENT #1 rewrites this bill. This amendment requires courts to consider the following non-exclusive list of factors when determining whether to impute income under the child support guidelines to a parent who does not work full-time in order to provide more in-home care for a minor child: [...] show full description
Latest Action: 06/06/2007 - Public Chapter 312 Bill TextCompanion Bill SB0808. Child Custody and Support - Makes failure of an employer to turn over income for child support withheld from an obligor within required timeframes a breach of fiduciary duty when the employer has been directed to do so by an income assignment order; provides a time in which action for breach of such fiduciary duty must be filed. - Amends TCA Section 36-5-501. Fiscal Summary for *HB0545 / SB0808Increase State Expenditures - Not Significant Other Fiscal Impact - Increase Federal Expenditures - Not Significant Bill Summary for *HB0545 / SB0808 This bill classifies failure of any employer to pay income withheld to the appropriate agency for child support collection a breach of a fiduciary duty to the child support obligor, thereby giving the obligor a cause of action to sue the employer for the omission. The statute of limitation [...] show full description
Latest Action: 06/27/2007 - Public Chapter 502 Bill TextCompanion Bill SB0809. Child Custody and Support - Revises various provisions governing child support regarding orders creating an inference of ability to pay, and presumption that information provided by parties has not changed unless a party has updated information. - Amends TCA Section 36-5-101. Fiscal Summary for *HB0546 / SB0809Increase State Expenditures - Not Significant Other Fiscal Impact - Increase Federal Expenditures - Not Significant Bill Summary for *HB0546 / SB0809 Under present law, whenever a court enters an order determining a child's paternity or for child support, each individual who is a party to the action is required to file certain information with the court and, if applicable, the local Title IV-D child support office, including the parties' personal identifying and contact information as well as the party's employer,[...] show full description
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Latest Legislation - View All
Latest Action: 02/07/2008 - Passed second consideration, caption bill, held on desk - pending amdt. Bill TextChild Custody and Support - Allows the department of human services or a court to require an individual who owes overdue child support to participate in any approved job training programs. - Amends TCA Title 36; Title 37; Title 55 and Title 71. Fiscal Summary for HB3989 / *SB4002MINIMAL
Latest Action: 02/04/2008 - Passed second consideration, Referred to Senate Jud Comm. Bill TextChild Custody and Support - Allows the department of human services or a court to require an individual who owes overdue child support to participate in any approved job training programs. - Amends TCA Title 36; Title 37; Title 55 and Title 71. Fiscal Summary for *SB4002 / HB3989MINIMAL
Latest Action: 02/12/2008 - Assigned to Subcommittee Domestic Relations of C&FA Bill TextChild Custody and Support - Enacts the "Equal and Fair Parenting Act" to create a rebuttable presumption that equally shared parenting time is the custody arrangement in the best interest of a child. - Amends TCA Title 36, Chapter 6, Part 1. Fiscal Summary for HB3655 / *SB3859Increase State Expenditures - Not Significant Increase Local Govt. Expenditures - Not Significant
Latest Action: 03/25/2008 - Assigned to Gen. Sub of Senate Jud. Comm. Bill TextChild Custody and Support - Enacts the "Equal and Fair Parenting Act" to create a rebuttable presumption that equally shared parenting time is the custody arrangement in the best interest of a child. - Amends TCA Title 36, Chapter 6, Part 1. Fiscal Summary for *SB3859 / HB3655Increase State Expenditures - Not Significant Increase Local Govt. Expenditures - Not Significant
Latest Action: 02/12/2008 - Assigned to Subcommittee Family Justice of C&FA Bill TextChild Custody and Support - Changes requirement that child support guidelines shall be reviewed by the department of human services every two years instead of every three years and removes requirement that the department report recommendations to the supreme court. - Amends TCA Title 36, Chapter 5 and Title 71. Fiscal Summary for HB3642 / *SB3625Increase State Expenditures - Not Significant
Latest Action: 03/11/2008 - Taken Off Notice For Calendar in Subcommittee Family Justice of C&FA of Children and Family Affairs Committee Bill TextCompanion Bill SB3289. Child Custody and Support - Prohibits a court from ordering either parent to pay child support to the other parent if both parents have been awarded and are going to be exercising a substantially equal amount of parenting time with the child or children of the marriage. - Amends TCA Title 36, Chapter 5, Part 1. Fiscal Summary for HB3447 / *SB3289Increase State Revenue - Not Significant Increase State Expenditures - $4,600/One-Time Increase Local Revenue - Not Significant Increase Local Expenditures - Not Significant Other Fiscal Impact - Increase Federal Expenditures - $8,800/One-Time Bill Summary for HB3447 / *SB3289 Under this bill, if both parents have been awarded and are going to be exercising a substantially equal amount of parenting time with a child pursuant to an [...] show full description
Latest Action: 02/12/2008 - Assigned to Subcommittee Family Justice of C&FA Bill TextCompanion Bill SB3118. Child Custody and Support - Clarifies that "substantial harm" for purposes of a court determining whether to award visitation rights to the grandparents of a child means adverse physical or psychological effects that significantly impact the welfare of the child. - Amends TCA Section 36-6-306. Fiscal Summary for HB3001 / *SB3118Increase State Expenditures - Not Significant Bill Summary for HB3001 / *SB3118 Under present law, a grandparent may petition the court for visitation with that person's grandchild where certain circumstances exist (such as the parents being divorced) and the custodial parent opposes a grandparent's visitation. In considering a petition for grandparent visitation, the court must first determine the presence of a danger of substantial harm to the child. This bill defines "substantial harm" for purposes [...] show full description
Latest Action: 02/20/2008 - Assigned to Subcommittee Domestic Relations of C&FA Bill TextChild Custody and Support - Prohibits changing of custodial arrangements due to an order of protection against the custodial parent unless the child is the victim of child abuse or the effects of domestic violence. - Amends TCA Title 36, Chapter 6. Fiscal Summary for *HB3011 / SB3678MINIMAL
Latest Action: 06/25/2008 - Public Chapter 1059 Bill TextCompanion Bill SB3538. Child Custody and Support - Changes certain requirements regarding termination of parental rights. - Amends TCA Section 36-1-113; Section 36-1-114 and Section 36-1-117. Fiscal Summary for *HB3145 / SB3538State Expenditures - Net Impact - Not Significant Bill Summary for *HB3145 / SB3538 Present law authorizes the filing of an adoption petition in any county: (1) Where the petitioners live; (2) Where the child resides; (3) Where the child resided when the child became subject to the care and control of a public or private child-caring or child-placing agency; or (4) In which is located any licensed child-placing agency or institution operated under state law having custody or guardianship of the child or to which the child was surrendered. Present law authorizes prospective adoptive [...] show full description
Latest Action: 01/29/2008 - Assigned to Subcommittee Family Justice of C&FA Bill TextCompanion Bill SB3709. Child Custody and Support - Prohibits a court from appointing a guardian ad litem for a child in a divorce and child custody proceeding who has a conflict of interest with any party to the proceeding. - Amends TCA Title 8; Title 36, Chapter 6; Title 36, Chapter 4 and Title 37. Fiscal Summary for *HB3181 / SB3709Increase State Revenue - Not Significant Increase State Expenditures - Not Significant Increase Local Revenue - Not Significant Increase Local Expenditures - Not Significant Bill Summary for *HB3181 / SB3709 Under present law, in an action for dissolution of marriage involving minor children, the court may, upon its own motion or upon the motion of either party, appoint a guardian ad litem for any minor child of the marriage. This bill prohibits the court from appointing any of the following as a guardian [...] show full description
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