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TennesseeSB 0485114th General Assembly (2025-2026)Senate

AN ACT to amend Tennessee Code Annotated, Title 36 and Title 37, relative to Indian child welfare.

Sponsored By: Janice Bowling (Republican)

Signed by Governor

Children

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 6 benefits, 0 costs, 1 mixed.

Family and tribe get placement priority

Courts and agencies must follow a set order when placing an Indian child. For adoption, first choice is extended family, then members of the child’s tribe, then other Indian families, unless there is good cause not to. For foster or preadoptive placement, the order is: extended family; a foster home the tribe approves or names; an Indian foster home licensed by a non‑tribal authority; then a tribal‑approved institution run by an Indian group. A tribe’s own preference order controls if it provides one, and placements must be the least restrictive and near the child’s home. The state must keep a record of each placement and make it available to the commissioner or the tribe.

Parental consent, withdrawal, and remedies

Consent to foster care, termination, or adoption must be written, made before a judge, and certified as understood in English or through an interpreter. Consent given before birth or within 10 days after birth is invalid. A parent or Indian custodian can withdraw consent to foster care at any time, and the child must be returned; consent to termination or adoption can be withdrawn any time before the final decree. After a final adoption, a parent can ask the court to vacate for fraud or duress; if proven, the court must vacate and return the child, but adoptions in place for at least two years are generally not invalidated. An Indian child, parent or Indian custodian, or the tribe can ask a court to cancel a foster placement or termination that violated the law’s notice, consent, or related protections.

Emergency removals and quick return rules

If an Indian child who lives on a reservation is temporarily off it and faces imminent physical harm, the state may make an emergency removal or placement. The state must end the emergency as soon as it is not needed and then promptly start the proper case, transfer to tribal jurisdiction, or return the child. If someone improperly removes an Indian child or keeps the child after a visit or temporary relinquishment, the court must refuse the case and quickly return the child to the parent or Indian custodian unless that would cause substantial and immediate danger.

Adoption records and tribal enrollment help

Starting July 1, 2025, when a court finalizes an Indian child adoption, it must send the commissioner a copy and key facts, including the child’s name and tribal affiliation, and the biological and adoptive parents’ names and addresses. The commissioner keeps this information confidential but can share what is needed with an adopted Indian adult (18+), adoptive or foster parents, or the tribe to decide enrollment or membership. The commissioner will certify parentage to a tribe if the documents support it. Any Indian adoptee age 18+ can also ask the court for the biological parents’ tribal affiliation and other details needed to protect tribal rights.

Higher bar to remove Indian children

Before foster placement or termination, the party must show they tried active services to keep the family together and that those efforts failed. A court cannot order foster care unless clear and convincing evidence, with qualified expert testimony, shows continued custody is likely to cause serious harm. A court cannot end parental rights unless proof beyond a reasonable doubt, with expert testimony, shows serious likely harm. If another state or federal law gives the parent or Indian custodian stronger protection, the court must use that higher standard.

Stronger notice and free counsel rights

The party seeking foster placement or termination must mail notice by registered mail to the parent, Indian custodian, and tribe. If identities or locations are unknown, they must notify the commissioner, who has 15 days to notify them. Hearings cannot occur until at least 10 days after notice, and the parent, custodian, or tribe can get up to 20 more days to prepare. Indigent parents or Indian custodians get a court‑appointed lawyer; the court may appoint a lawyer for the child. If state law has no appointment process and the judge certifies it, the department pays reasonable lawyer fees and expenses. All parties can see reports and documents the court may use.

Tribal courts lead Indian child cases

If an Indian child lives on a reservation or is a ward of a tribal court, the tribe has exclusive custody jurisdiction. State courts must transfer foster care or termination cases to the tribe on request unless there is good cause or a parent objects; the tribe may decline. Tribal custodians and the tribe can intervene at any time, and state courts must respect tribal court acts and records. Tennessee and tribes may sign written agreements on care and jurisdiction; either side can end an agreement with 180 days’ written notice, without changing cases already under a court unless the agreement says so. The commissioner can issue rules to carry out this law under Tennessee’s rulemaking process.

Sponsors & Cosponsors

Sponsor

  • Janice Bowling

    Republican • Senate

Cosponsors

  • Paul Bailey

    Republican • Senate

  • Paul Rose

    Republican • Senate

  • Page Walley

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 135 • No: 0

House vote • 4/2/2026

FLOOR VOTE: REGULAR CALENDAR PASSAGE ON THIRD CONSIDERATION 4/2/2026

Yes: 94 • No: 0

Senate vote • 3/26/2026

FLOOR VOTE: as Amended Third Consideration 3/26/2026

Yes: 32 • No: 0

Senate vote • 3/17/2026

SENATE JUDICIARY COMMITTEE

Yes: 9 • No: 0

Actions Timeline

  1. Signed by Governor.

    4/16/2026Senate

  2. Transmitted to Governor for action.

    4/7/2026Senate

  3. Signed by Senate Speaker

    4/6/2026Senate

  4. Signed by H. Speaker

    4/6/2026House

  5. Subst. for comp. HB.

    4/2/2026House

  6. Am. withdrawn. (Amendment 1 - HA0719)

    4/2/2026House

  7. Passed H., Ayes 94, Nays 0, PNV 0

    4/2/2026House

  8. Enrolled and ready for signatures

    4/2/2026Senate

  9. Rcvd. from S., held on H. desk.

    3/30/2026House

  10. Senate adopted Amendment (Amendment 1 - SA0761)

    3/26/2026Senate

  11. Passed Senate as amended, Ayes 32, Nays 0

    3/26/2026Senate

  12. Sponsor(s) Added.

    3/26/2026Senate

  13. Engrossed; ready for transmission to House

    3/26/2026Senate

  14. Placed on Senate Regular Calendar for 3/26/2026

    3/24/2026Senate

  15. Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 9, Nays 0 PNV 0

    3/17/2026Senate

  16. Action deferred in Senate Judiciary Committee to 3/17/2026

    3/16/2026Senate

  17. Placed on Senate Judiciary Committee calendar for 3/17/2026

    3/16/2026Senate

  18. Placed on Senate Judiciary Committee calendar for 3/16/2026

    3/11/2026Senate

  19. Passed on Second Consideration, refer to Senate Judiciary Committee

    2/12/2025Senate

  20. Introduced, Passed on First Consideration

    2/10/2025Senate

  21. Filed for introduction

    1/29/2025Senate

Bill Text

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