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SB 1868

Children - As introduced, defines a child in need of heightened supervision; makes various other changes regarding the commitment, detention, and shelter care of children. - Amends TCA Title 37, Chapter 1, Part 1.

114th Regular Session (2025-2026)

Allows up to six-month custody extensions for certain youths in DCS care (treatment needs or assaults on staff) and creates a Juvenile Commitment Review Task Force to reform proces

Signed by Senate Speaker
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WeVote Research Nonpartisan
Bill Summary · SB 1868

Summary of SB 1868 (Session 114) – Tennessee

Proposed measures related to children in custody, commitment, detention, and supervision, with a focus on providing heightened protections for staff and improving state coordination.

Main purpose and intent

  • Define and address “child in need of heightened supervision” and modify how certain committed children are detained or treated under the custody of the Department of Children’s Services (DCS).
  • Allow courts to extend a child’s custody period by up to six months (in specific circumstances) and require notification to the child about the possibility of extensions due to assaults on staff.
  • Establish a Juvenile Commitment Review Task Force to examine gaps in care, placement, and interagency processes for children with dependent/neglected status, pending delinquency allegations, incompetence for delinquency adjudication, or violent behaviors that could constitute delinquency.
  • Create reporting requirements and a defined timeline for Task Force work.

Key provisions and changes

Custody extensions for assaults

  • A child in DCS custody may be kept beyond the standard custody period for up to six additional months if:
    • The child needs treatment/services only available in custody and those services are evidence-based and provided by a qualified provider; or
    • The child committed an assault against a staff member at the residential placement.
  • The court must hold a hearing (or stipulation) and may order the extension without requiring a separate delinquent offense adjudication for assault to justify the extension in some cases.
  • The court is required to notify the child that an assault against staff may lead to a longer commitment.

Definitions and placement procedures

  • The bill designates a framework for extending custody in situations where assault occurs, including the possibility of extensions in multiple subdivisions (a(2)(A)(v)(c)(2) and a(4)(B)(iii)(b)) with similar six-month limits and criteria.

New task force: Juvenile Commitment Review Task Force

  • DCS must create a task force to review issues and gaps for:
    • Children found dependent/neglected and under DCS custody
    • Those with pending delinquency allegations
    • Those determined incompetent for delinquency adjudication
    • Those with violent behaviors that could be delinquent offenses
  • Composition includes:
    • Key state agency leaders (DCS, Mental Health and Substance Abuse Services, Disability and Aging, Administrative Office of the Courts, TennCare, Children and Youth councils, prosecutors, public defenders)
    • A guardian ad litem attorney
    • Other participants including service providers
  • Tasks for the group:
    • Review relevant data (including AOC data)
    • Develop recommendations to improve care, case management, placement, interagency collaboration, and court processes
    • Identify necessary statutory or procedural changes
  • Reporting deadline: Final report due by February 1, 2027, submitted to the Governor and legislative chairs; Task Force terminates upon filing of the report.
  • Confidentiality: Allows access to confidential information for the Task Force while protecting child/family identities.

Effective dates

  • Most sections become effective July 1, 2026.
  • Section 5 (Task Force creation and duties) takes effect upon becoming law.

Who/what would be affected

  • Children placed in DCS custody under various subcategories (including those with heightened supervision needs and those who may commit assaults).
  • Court processes for determining custody extensions and related hearings.
  • DCS, along with allied state agencies (mental health, disability services, TennCare, etc.), and court administration.
  • Guardian ad litem program and service providers participating in Task Force work.
  • The judiciary and prosecutors/public defenders involved in juvenile cases.

Procedural and timeline aspects

  • The bill authorizes up to a six-month custody extension, with potential for another six-month extension after a hearing/stipulation, under specified conditions.
  • Child must be notified about the possibility of extension for assaults on staff.
  • A new Juvenile Commitment Review Task Force begins work if enacted, with data review, recommendations, and a final report due by February 1, 2027; the Task Force dissolves on filing of the report.
  • Financial implications include projected increases in General Fund expenditures due to detentions and Task Force activities (estimates summarized below).

Fiscal impact (as analyzed in supporting documents)

  • Baseline: General Fund expenditures increase due to additional detentions and Task Force operations.
  • Estimates (amended version 014717):
    • FY26-27: Approximately $4.68 million total
    • FY27-28 and subsequent years: Approximately $4.68 million annually (slightly reducing to $4.676 million)
  • Specific drivers:
    • Heightened supervision detentions: About 101 children anticipated per year, averaging 15 days of detainment at roughly $186.94/day in some calculations (state estimates vary by version).
    • Assault-related extensions: About 63–94 children per year projected to incur an average of around 121 days of additional custody at a daily rate near $613.46, leading to substantial additional costs (estimates: roughly $4.68 million in FY26-27; about $4.676 million thereafter).
  • The Governor’s proposed FY26-27 budget includes a recurring appropriation around $10.721 million, which partially overlaps with these new costs.

In sum

SB 1868 seeks to strengthen supervision and safety for youth in state custody by enabling limited custody extensions for treatment needs or staff assaults, and by creating a comprehensive Task Force to evaluate and reform juvenile commitment processes and interagency coordination. It introduces new administrative procedures, notification requirements, and data-driven reform efforts, with a notable fiscal impact primarily driven by longer detentions and Task Force activities.

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

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