House Bill 2078, known as the "Parental Rights Protection Act," amends Tennessee law to establish expedited hearing procedures for bond conditions affecting parental contact, custody, or visitation. Specifically, it introduces a new subsection (h) to Tennessee Code Annotated, Section 36-8-103, which mandates that any bond condition impacting parental rights must be reviewed in an expedited hearing within fifteen calendar days of its imposition. If the hearing does not occur within this timeframe, the bond condition becomes void.

Additionally, the bill places the burden on the government to demonstrate, by clear and convincing evidence, that a bond condition restricting a defendant's parental rights is necessary. The court must make specific findings of fact to support this decision, including evidence of a present threat of harm to the child, the inadequacy of less restrictive alternatives, and that the restriction serves the child's best interests. The bill also establishes a presumption that parental contact is in the best interests of the child, reinforcing the importance of maintaining parental relationships unless compelling evidence suggests otherwise.

Statutes affected:
Introduced: 36-8-103