House Bill 2078, also 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 of proof on the government when seeking to impose or extend bond conditions that restrict a defendant's parental rights prior to conviction. The government must demonstrate, through clear and convincing evidence, that there is a present and continuing threat of harm to the child, that less restrictive alternatives are inadequate, 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