House Bill 2128, also known as Senate Bill 2538, amends the Tennessee Code Annotated to enhance the legal protections and rights of children. The bill introduces a new part to Title 37, Chapter 1, establishing that children have equal protection under the law and fundamental rights to safety and protection from harm. It specifies that children must not be placed in the custody of individuals with a documented history of abuse or conduct that poses a risk to their safety. 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 proceedings affecting their welfare.
The bill mandates that courts prioritize the child's safety and best interests in all decisions and requires judges to consider comprehensive evidence regarding risks to a child's safety. It also stipulates that expert testimony must come from professionals with relevant expertise and not solely forensic experience. Furthermore, any violation of a child's rights under this new section is deemed a deprivation of constitutional rights, allowing children or their representatives to seek judicial relief. This legislation aims to ensure that children's welfare is the paramount concern in legal and governmental actions affecting them.