All Roll Calls
Yes: 135 • No: 0
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: Sponsor information unavailable
Signed by Governor
Children
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8 provisions identified: 7 benefits, 0 costs, 1 mixed.
Emergency custody protections for Indian children
State authorities can use emergency removal or placement for a reservation-resident Indian child who is temporarily off the reservation. The action must be needed to prevent imminent physical harm. Authorities must end emergency action immediately when it is no longer needed. They must promptly start a custody case under this law, transfer the child to tribal authority, or return the child to the parent or Indian custodian, as appropriate. These rules take effect on the 30th day after Congress repeals the federal Indian Child Welfare Act or the U.S. Supreme Court overturns it in whole or part.
Families can regain Indian child custody
Courts must refuse a petitioner's custody case when that petitioner improperly removed an Indian child or kept the child after temporary care. Courts must immediately return the child unless return poses substantial and immediate danger or a threat of that danger. A biological parent or prior Indian custodian can also seek custody after an adoption decree is set aside. This right also applies when adoptive parents voluntarily consent to ending their parental rights. The court must grant custody unless evidence in a proceeding using the law's safeguards shows return is not in the child's best interests. These rules take effect on the 30th day after Congress repeals the federal Indian Child Welfare Act or the U.S. Supreme Court overturns it in whole or part.
Indian child placements favor family ties
Foster and preadoption placements must use the least restrictive, family-like setting that meets the child's needs and is reasonably near home. Placement preferences apply unless good cause supports another choice. Adoption preferences favor extended family, members of the child's tribe, then other Indian families. A tribe can change the preference order by resolution, while keeping the least-restrictive-setting requirement. Courts and agencies must consider the child's or parent's wishes where appropriate and give weight to a consenting parent's request for anonymity. Standards must reflect the relevant Indian community's social and cultural standards; the state must keep compliance records available to the commissioner or tribe. These rules cover later placements unless the child returns to the parent or Indian custodian from whom the child was removed. They take effect on the 30th day after Congress repeals the federal Indian Child Welfare Act or the U.S. Supreme Court overturns it in whole or part.
Stronger safeguards before Indian families separate
A party seeking foster care or termination of parental rights must show active efforts to provide family-support services and rehabilitation programs. The court must find those efforts failed to prevent the Indian family's breakup. Foster care requires clear and convincing evidence that continued custody is likely to cause serious emotional or physical harm. Ending parental rights requires proof beyond a reasonable doubt of that same risk. Both findings must include qualified expert testimony. The child, a parent or Indian custodian whose custody was lost, or the tribe can ask a court to undo an action. They must show violations of the law's tribal authority, case safeguards, or voluntary consent rules. These protections take effect on the 30th day after Congress repeals the federal Indian Child Welfare Act or the U.S. Supreme Court overturns it in whole or part.
Tribes gain authority over child custody
The law covers unmarried children under 18 who belong to, or qualify for membership in, an Indian tribe. Tribes have sole authority over custody cases for children living on their reservation and tribal court wards wherever they live. Off-reservation foster care and parental-rights cases must transfer after a qualifying request, unless good cause, a parent's objection, or the tribal court's refusal prevents transfer. Tribes and Indian custodians can join cases at any point, and Tennessee and tribes must recognize applicable tribal acts, records, and court decisions. Tennessee and tribes can make written agreements to share authority, transfer cases, and coordinate care. Either party can end an agreement with 180 days' written notice; existing cases remain covered unless the agreement says otherwise. These rules take effect on the 30th day after Congress repeals the federal Indian Child Welfare Act or the U.S. Supreme Court overturns it in whole or part.
Parents gain consent safeguards with limits
Consent to an Indian child's foster care or termination of parental rights must be written and recorded before a judge. The judge must certify that the terms and effects were fully explained and understood in the parent's or custodian's language. Consent before birth or within 10 days after birth is invalid. Parents or Indian custodians can withdraw foster care consent at any time; parents can withdraw termination or adoption consent before the final decree. The child must then be returned. After a final adoption decree, a parent can seek to withdraw consent and undo the adoption for fraud or duress. But this rule bars challenges once the adoption has been effective for at least two years, unless state law allows them. These rules take effect on the 30th day after Congress repeals the federal Indian Child Welfare Act or the U.S. Supreme Court overturns it in whole or part.
Indian adoptees gain tribal identity records
Indian adoptees age 18 or older can ask the adoption court for their biological parents' tribal affiliation and information protecting tribal rights. For adoptions finalized after these rules take effect, Tennessee courts must send the commissioner the final order and tribal affiliation information. They must include biological and adoptive parents' names and addresses, agencies holding related files, and any parent-anonymity affidavits. The commissioner must keep these records private and closed to public inspection. At an eligible request, the commissioner must disclose information needed for tribal enrollment or membership-related rights and benefits. Eligible requesters are adopted Indian individuals age 18 or older, adoptive or foster parents, and tribes. When a biological parent requested anonymity, the commissioner must certify qualifying parentage and birth details to the tribe when records support it. These rules take effect on the 30th day after Congress repeals the federal Indian Child Welfare Act or the U.S. Supreme Court overturns it in whole or part.
Legal help for Indian child cases
When a court knows or has reason to know an involuntary case involves an Indian child, the requesting party must send notice. Notice goes to the parent or Indian custodian and tribe by registered mail, with a return receipt requested. If their identity or location is unknown, notice goes to the U.S. Secretary of the Interior for delivery. Foster care and parental-rights hearings must wait at least 10 days after notice arrives; recipients can request up to 20 more days. Parents the court finds unable to afford counsel get an appointed lawyer in removal, placement, or parental-rights cases. The court can appoint a child's lawyer when that serves the child's best interests. Each party can review court-filed reports and documents that may support a foster care or parental-rights decision. These rules take effect on the 30th day after Congress repeals the federal Indian Child Welfare Act or the U.S. Supreme Court overturns it in whole or part.
Sponsors & Cosponsors
Sponsors
There is no primary sponsor on record.
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
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
Effective date(s) 05/26/2026
4/24/2026Pub. Ch. 682
4/24/2026Signed by Governor.
4/16/2026SenateTransmitted to Governor for action.
4/7/2026SenateSigned by H. Speaker
4/6/2026HouseSigned by Senate Speaker
4/6/2026SenateEnrolled and ready for signatures
4/2/2026SenatePassed H., Ayes 94, Nays 0, PNV 0
4/2/2026HouseAm. withdrawn. (Amendment 1 - HA0719)
4/2/2026HouseSubst. for comp. HB.
4/2/2026HouseRcvd. from S., held on H. desk.
3/30/2026HouseEngrossed; ready for transmission to House
3/26/2026SenateSponsor(s) Added.
3/26/2026SenatePassed Senate as amended, Ayes 32, Nays 0
3/26/2026SenateSenate adopted Amendment (Amendment 1 - SA0761)
3/26/2026SenatePlaced on Senate Regular Calendar for 3/26/2026
3/24/2026SenateRecommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 9, Nays 0 PNV 0
3/17/2026SenatePlaced on Senate Judiciary Committee calendar for 3/17/2026
3/16/2026SenateAction deferred in Senate Judiciary Committee to 3/17/2026
3/16/2026SenatePlaced on Senate Judiciary Committee calendar for 3/16/2026
3/11/2026SenatePassed on Second Consideration, refer to Senate Judiciary Committee
2/12/2025SenateIntroduced, Passed on First Consideration
2/10/2025SenateFiled for introduction
1/29/2025Senate
Bill Text
Enrolled / Public Chapter
Fiscal Note
HA0719
Introduced
SA0761
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