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HB 1904

Children - As introduced, requires certain procedures, currently found in the federal Indian Child Welfare Act, to be applied by courts in child custody proceedings involving an Indian child. - Amends TCA Title 36 and Title 37.

114th Regular Session (2025-2026) Introduced by Bryan Terry

Tennessee bill incorporates federal Indian Child Welfare Act protections into state law to strengthen tribal involvement in custody cases involving Native American children.

H. Placed on Regular Calendar for 4/2/2026
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Bill Summary · HB 1904

Legislative bill overview

HB 1904 would incorporate federal Indian Child Welfare Act (ICWA) procedures into Tennessee state law by amending the state's child custody and welfare statutes (TCA Title 36 and 37). The bill applies specific ICWA protections—such as notice requirements, placement preferences, and tribal consultation—directly in state court proceedings involving Native American children.

Why is this important

Tennessee currently relies on federal ICWA standards, but codifying them in state law creates a stronger, more explicit framework that state courts must follow and provides clearer guidance to judges and social workers. This affects custody decisions, foster care placements, and adoption proceedings for Native American children in the state, potentially improving outcomes by prioritizing tribal involvement and family preservation within Indian families.

Potential points of contention

  • Tribal sovereignty vs. state authority: Questions about whether state implementation respects tribal court jurisdiction and consultation rights, or if it creates friction with tribal governments over child welfare decisions
  • Implementation costs: Counties and courts may face expenses for training staff, establishing tribal consultation procedures, and modifying existing case management systems
  • Scope and specificity: Uncertainty about which ICWA procedures are being adopted and whether the amendments provide sufficient detail for consistent, statewide application across different judicial districts

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

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