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SB 1937

Children - As introduced, adds the commissioner of mental health and substance abuse services as a member of the Tennessee second look commission; makes various other changes relating to child abuse and child sexual abuse. - Amends TCA Title 37; Title 38; Title 39 and Title 40.

114th Regular Session (2025-2026) Introduced by Ed Jackson

Expands child abuse definitions to include strangulation and adds NAS-related court orders and DCS visits to strengthen protections and oversight in how cases are reviewed and mana

Placed on Senate Regular Calendar for 4/22/2026
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Bill Summary · SB 1937

Summary of SB 1937 / HB 2081 (Tennessee) – As Introduced and Amended

Jurisdiction: Tennessee | Session: 114 | Topic: Children – Abuse, Neglect, and related protections

These materials cover the bill as amended and the fiscal notes provided by the Fiscal Review Committee.

1) Purpose and Intent

  • Add the Commissioner of the Department of Mental Health and Substance Abuse Services (DMHSAS), or their designee, to the Tennessee Second Look Commission (the Commission). Also add one at-large member with experience advocating for children.
  • Expand definitions and procedures related to severe child abuse and aggravated forms of abuse/neglect, particularly incorporating strangulation as a qualifying factor.
  • Enhance information access for the Commission and clarify procedural duties related to child welfare cases.
  • Add new court-imposed requirements for certain infants diagnosed with neonatal abstinence syndrome (NAS).
  • Clarify duties for the Department of Children’s Services (DCS) to respond to documented allegations of abuse or neglect.

2) Key Provisions and Changes

A. Second Look Commission Membership (Expanded)

  • Adds:
    • The commissioner of DMHSAS or designee (a non-voting or voting member as determined by prevailing law).
    • One at-large member who has experience advocating for children, appointed by the Commission’s co-chairs.
  • Purpose: broaden expertise representation to inform reviews of child welfare cases.

B. Data, Records, and Information Access

  • The Commission may request data and information from any representative involved in services to dependent and neglected youth.
  • The Commission may access records held by state agencies relevant to a case under review.
  • This expands the Commission’s ability to gather comprehensive information for its reviews.

C. Definitions and Offense Scope

  • Expands “severe child abuse” to explicitly include strangulation.
  • Expands aggravated child abuse, aggravated child neglect, and aggravated child endangerment to include instances that involve strangulation.
  • Note: Strangulation is treated as defined in the existing aggravated assault statute for consistency.

D. Reporting Requirements and Annual Review

  • For then-current provisions under the Second Look framework (and per amendments), the Commission must provide a report detailing findings and recommendations from appropriate sampling:
    • The amended timeline requires a report by July 1, 2027, and annually thereafter to the General Assembly, the Governor, and the relevant Senate/House committees.
    • A later amendment specifies July 1, 2027 as the annual reporting date going forward.

E. Neonatal Abstinence Syndrome (NAS) and Pediatric Care

  • If a dependent and neglected child is under one year old and diagnosed with NAS:
    • A court may order the parent/guardian to provide documentation of compliance with preventive pediatric care as per American Academy of Pediatrics periodicity until the child reaches age one.
    • The court may require drug testing of the custodian at regular intervals if there are allegations of parental substance misuse (costs borne by the parent/guardian).
    • The Department may initiate a visit to ascertain the child’s well-being if the documentation contains allegations of abuse or neglect.

F. Departmental Response to Allegations

  • DCS may initiate visits to ascertain the well-being of a child when documentation contains allegations of abuse or neglect, using existing staff and resources.

G. Timing and Effective Date

  • Most provisions take effect upon the law’s enactment.
  • Sections related to the reporting timeline (annual after 2027) and specific NAS provisions take effect on January 1, 2027, or July 1, 2026, as noted in the amendments (public welfare requiring it).

3) Who/What Would Be Affected

  • Tennessee Second Look Commission: expanded membership and broadened authority to request data/records.
  • Department of Mental Health and Substance Abuse Services (DMHSAS): participation as a commission member; potential collaboration in cases.
  • At-large advocates for children: appointment by commission leadership.
  • Law enforcement and child advocacy centers: potential increased referrals for cases involving statutory or aggravated statutory rape (as per related fiscal notes) and for cases involving strangulation.
  • Department of Children's Services (DCS): authority to initiate visits when allegations exist; interacts with NAS-related orders.
  • Parents/guardians of infants with NAS: subject to court-ordered documentation of pediatric care and possible drug testing.
  • General public and state agencies: broader data sharing with the Commission; potential workload implications.

4) Procedural and Timeline Aspects

  • Reporting: Commission must produce findings/recommendations from sampling by July 1, 2027, and annually thereafter.
  • NAS-related orders: Court-ordered documentation and possible drug testing for custodians of infants with NAS, effective with the NAS provisions (timing per amendment).
  • General effective date: Most sections effective upon law; specific provisions (reporting cadence and NAS-related provisions) have later effective dates (January 1, 2027; July 1, 2027 for reports).

5) Fiscal Impact (Summary)

  • State government: Estimated general fund expenditure of approximately $2,200 in FY26-27 and subsequent years for the at-large Commission member’s travel/per diem (other costs are expected to be absorbed as part of ongoing duties).
  • Overall: The fiscal notes indicate no significant impact on state agencies’ expenditures beyond incidental reimbursements; no major changes in workload projected for state agencies as a result of expanded data access.

Note: The bill emphasizes strengthening oversight, data access for reviews, and targeted protections for infants and victims of abuse, with a clear focus on enhancing interagency coordination in child welfare matters.

Compiled from official sources — confirm details with the bill’s official record.

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