Senate Bill 2538, also known as House Bill 2128, amends the Tennessee Code Annotated to establish a new part within Title 37, Chapter 1, focusing on the rights and protections of children. The bill asserts that children have equal protection under the law and fundamental rights to safety and protection from harm. It mandates that children should not be placed in the custody of individuals with a documented history of abuse or violence. Additionally, the bill outlines specific rights for children, including legal representation, the ability to express their views, and the right to a timely resolution of legal matters affecting their welfare.
The bill also imposes obligations on courts and judges to prioritize the child's safety and best interests in their decisions. It requires judges to consider all relevant evidence regarding a child's safety and to provide justification when making decisions that contradict recommendations from child welfare professionals. Furthermore, any violation of a child's rights as outlined in this bill is deemed a deprivation of constitutional rights, allowing children or their representatives to seek judicial relief. This legislation aims to enhance the legal framework protecting children's rights and welfare in Tennessee.