Bill > SB0485

This bill requires Tennessee courts to follow specific procedures, mirroring those found in the federal Indian Child Welfare Act (ICWA), when handling child custody proceedings involving an "Indian child," defined as an unmarried person under 18 who is a member of or eligible for membership in a federally recognized Indian tribe. These procedures aim to protect the best interests of Indian children and promote the stability of Indian tribes and families by establishing minimum standards for removing Indian children from their homes and placing them in foster or adoptive homes that reflect Indian culture. Key provisions include granting Indian tribes exclusive or concurrent jurisdiction over child custody proceedings involving children residing on their reservations, requiring notification to the tribe and parents in state court proceedings, ensuring the right to legal counsel for indigent parents, mandating active efforts to prevent family breakup before removal, and establishing preferences for placing Indian children with relatives, tribal members, or other Indian families. The bill also outlines rules for voluntary consent to placement or termination of parental rights, allows for the withdrawal of consent under certain conditions, and permits the invalidation of adoption decrees if consent was obtained through fraud or duress. Furthermore, it authorizes agreements between Tennessee and Indian tribes regarding child custody and jurisdiction, and mandates the return of a child if they were improperly removed from custody, unless doing so would pose an immediate danger. The Commissioner of Children's Services is tasked with promulgating rules to implement these provisions and will maintain records of adoptive placements, disclosing relevant information to tribes and adopted individuals to facilitate tribal enrollment and rights.

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https://wapp.capitol.tn.gov/apps/Billinfo/default.aspx?BillNumber=SB0485&ga=114