HB 2429

This bill authorizes a prevailing party to recover reasonable attorney's fees, court costs, and other litigation expenses, which may be fixed and allowed in the court's discretion, from the nonprevailing party in a proceeding before the juvenile court tha t concerns the custody or visitation of a child, the relocation of a parent with a child, the support of a child, or the adjudication of a child as dependent and neglected, whether at an initial hearing or at a subsequent hearing. However, an award of at to rney's fees, costs, or expenses under this bill must not be made for or against the department of children's services ("department""). DEPENDENCY AND NEGLECT PROCEEDING Present law provides that a juvenile court in any county has temporary jurisdiction to issue temporary orders upon a petition on behalf of a child present or residing in that county. If a child is alleged to be dependent and neglected and is removed fro m the physical custody of the original custodial parent, then this bill authorizes the court having original jurisdiction or the court exercising temporary jurisdiction to enter an order temporarily suspending the current child support obligation during t he pendency of the dependency and neglect proceeding. PARENT EDUCATIONAL SEMINAR IN JUVENILE CASES In a proceeding before a juvenile court to establish or modify the custody or a permanent parenting schedule of a child born to parents who were not married to each other, this bill requires each parent to attend a parent educational seminar. This requi rement applies upon the adjudication of parentage and in any post-parentage proceedings to modify custody or visitation. Each parent must complete the seminar, which the minor child must not attend, as soon as practicable after legal parentage has been e st ablished or after the petition for modification is filed and before the court enters a final order adjudicating or modifying the permanent parenting arrangement. Seminar Requirements This bill requires the parent educational seminar to meet the following criteria:  Be at least four hours in duration, educational in nature, and not designed for individual therapy.  Instruct parents on how to protect and enhance their child's emotional well-being during and after the proceeding.  Inform parents about the court process and teach co-parenting skills.  Include at least one 30-minute video on adverse childhood experiences created by the department in conjunction with the Tennessee commission on children and youth or as part of the Building Strong Brains Tennessee public awareness campaign.  Include a discussion of alternative dispute resolution, marriage counseling, the judicial process, and common perpetrator attitudes and conduct involving domestic violence. Costs This bill provides that the fees or costs of attending the seminar is the responsibility of the parties. The court may assess or allocate the fees between the parents as the court deems equitable. If a parent is indigent, then the court must waive the f ee for that parent upon proper motion or affidavit. Certificate of Completion This bill requires each parent to file a certificate of completion with the juvenile court clerk as proof of compliance with the seminar requirement. However, a court must not deny the entry of an order for failure of a party to attend the educational s eminar. Waiver If the court finds good cause, this bill authorizes a court to waive the seminar requirement for one or both parents. Good cause may include any of the following:  A significant history of domestic violence between the parties that would make joint participation unsafe.  A party's prolonged absence or inability to participate.  Another circumstance in which requiring the seminar would be impractical, counterproductive, or contrary to the child's best interest. This bill authorizes a motion for waiver to be made by a party or by the court on the court's own initiative. If the court waives the requirement, then the court's order must state the specific reasons constituting good cause. Additionally, attendance at the parent educational seminar is not required solely upon the establishment of parentage in cases in which a petition for custody, visitation, or modification of a parenting schedule is not pending. Failure to Attend This bill authorizes a parent who willfully fails or refuses to attend the seminar as ordered, absent a waiver or unavoidable circumstances, to be punished as a contempt of court. If a parent unjustifiably fails to attend or complete the seminar, then t he court must consider such failure as a factor in making custody and visitation determinations. The court may treat noncompliance as evidence of the parent's lack of good faith and cooperation. However, the court must not refuse to adjudicate the paren t' s rights solely due to failure to attend the seminar. Discretion In a proceeding where a child is alleged or adjudicated to be dependent and neglected or in a juvenile proceeding, this bill authorizes the juvenile court, in its discretion, to order any parent, legal guardian, or custodian of the child to attend the pa rent educational seminar described above if the court finds that doing so would likely be beneficial to the child's best interests or to the resolution of the case for the purpose of utilizing parent education as a tool in appropriate cases. If the court o rders attendance, then all requirements regarding seminar content, fee waivers, proof of completion, and enforcement apply to the extent practicable. ON MARCH 16, 2026, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2324, AS AMENDED. AMENDMENT #1 clarifies that a p arents' fundamental rights listed in the Families' Rights and Responsibilities Act do not supersede, repeal, or abrogate any provision of statutory law, court rule, case law, or order issued by a court. Such rights do not limit the authority of a court or judicial officer, including judges and magistrates, to issue or enforce orders pursuant to law, rule, or judicial precedent."